STATE  NORMAL  SCHOOL, 

&OS  jSflGHLiES,  ClSJLi. 


TABLE  OF  UNIFORM  EXAMINATIONS 

STATE 

Experience,  2 
years. 

Standing,  75 
per  cent  in  all 
except  12,  not 
required  for 
State  examina- 
tion. 

Trials,  may 
extend  over  3 
years. 

Time,  life. 

Date,  Aug.  1. 


1.  American           3d   GRADE 

•_'.!   GRADE 

1st  GRADE 

history                  Experi- 

Experi- 

Experi- 

2. arithmetic         ence,  none. 

ence,     10 

ence,  2  yrs. 

3.  composition         Standing. 

weeks. 

Standing, 

4.  geography         75  per  cent. 

Standing, 

75  per  cent 

5.  grammar               Trials,  4. 

75  per  cent 

except    i  n 

6.  orthography         Time,  1 

except     i  n 

drawing, 

7.  penmanship      year. 

drawing, 

and  65  per 

8.  physiology 

and  65  per 

cent  in  that. 

and  hygiene 

cent  in  that. 

Trials, 

9.  reading 

Trials, 

may  extend 

10.  school  law 

may  extend 

over  3  ex- 

Date,   after    engagement 

over  2  yrs. 

aminations 

approved  by  commissioner. 

Time,  3 

Time,   10 

Renewals,  none  permitted. 

years. 
Date.  Au- 

years. 

11.  civil  govern-                             gust  1. 
ment                        Renewals,  none  per- 

Date,Ang. 
1  of  year  of 
final  exam- 

12. current  topics      mi'tted. 

ination. 

13.  drawing                 TRAINING-CLASS 

Renewals, 

14.  methods  and            Experience,  none. 

without  ex- 

school economy      Standing,  75  per  cent 

amination. 

in  all  these   subjects. 

Also  in 

18.  history  of  education: 

32.  art  of  questioning. 

Time,  3  years. 

Renewals,  without  examination. 

15.  algebra 

16.  book-keeping 

17.  physics 

18.  philosophy  and  history  of  education 

19.  analysis  (grammatical) 

20.  astronomy 

21.  botany 

22.  chemistry 

23.  geology 

24.  general  history 

25.  geometry  (plane) 

26.  literature 

27.  rhetoric 


28.  zoology 

29.  French, 

30.  German, 

31.  or  Latin 


Alternatives 

(20.  astronomy 


for 


V* 

( 23.  geology 


See  pages  89  to  94. 


A    MANUAL 


OP 


BY 


C.  W.  BARDEEN 


EDITOR    OF    THE    SCHOOL    BULLETIN 


0th  Edition,  Revised  to  Jan..  1,  19O5 


SYRACUSE,    N.     Y. 

C.  W.  BARDEEN,  PUBLISHER, 

1905 


Copyright,  1396,  by  C.  W.  BAUDEEN 


REFERENCES 


Heferences  to  the  New  York  Consolidated  School  Law  of  1894,  are  indi- 
cated by  small  figures  in  parenthesis,  the  Koman  number  giving  the  title,  the 
first  arable  number  the  section,  and  the  second  arable  number  the  subsection. 
Thus  (i.  2)  indicates  1st  title,  2d  section  ;  (xi.  1-7)  indicates  llth  title,  first 
seven  sections ;  (ii.  13,  5 ;  xiii.  1)  indicates  2d  title,  13th  section,  subsection  5, 
and  13th  title,  section  1.  When  an  arable  number  is  separated  from  the 
proceeding  by  a  comma  instead  of  a  period,  it  indicates  an  additional  section 
or  subsection.  Thus,  (vii.  13, 15)  indicates  7th  title,  13th  and  15th  sections ; 
<vii.  14.  4,  5)  indicates  7th  title,  1-lth  section,  subsections  4  and  5.  Some  of 
the  titles  are  in  the  law  subdivided  into  articles,  but  these  are  not  distin- 
guished in  the  references,  since  they  do  not  interfere  with  the  paragraphing. 

References  to  other  New  York  statutes  than  that  of  1894  are  indicated  by 
a  number,  a  colon,  and  the  year,  all  in  parenthesis.  Thus  (677:1892)  stands 
for  chapter  677  of  the  laws  of  1892. 

References  to  the  New  York  Code  of  Public  Instruction,  last  edition 
(1887),  are  indicated  by  italic  numbers  in  parenthesis.  Thus  (xiv.  1 ;  A92-504, 
K'7)  means  14th  title,  1st  section  ;  and  pages  492-504  and  557  of  the  Code  of 
1887. 

This  Code  is  a  volume  of  1075  pages,  bound  in  full  leather,  and  giving 
the  explanations  and  decisions  of  the  State  Department.  It  is  still  the 
authority  upon  all  points  except  where  the  law  has  been  changed,  and  by 
means  of  this  manual  is  made  readily  available.  Copies  may  be  had  of 
the  publisher  of  this  volume  at  $2.50  each. 

References  to  decisions  of  the  New  York  superintendents  of  public 
instruction  are  indicated  by  D.  and  the  number  of  the  decision  in  parenthesis 
Thus  (D.  1665)  refers  to  decision  No.  1665.  For  table  of  these  references,  see 
pages  237-339. 

References  to  the  statute  laws  of  other  States  are  indicated  by  a  number 
in  parenthesis  following  the  abbreviation  of  the  name  of  the  State.  Thus 
R.  I.  (251)  refers  to  the  251st  page  of  the  last  edition  of  the  school  law  of 
Rhode  Island.  For  table  of  these  references,  see  pages  240-242. 

References  to  legal  decisions  are  indicated  by  numbers  at  the  bottom  of 
the  page  referring  to  the  table  of  decisions  on  pages  223-236.  Thus  the  little 
figure  i  ,  referring  at  the  bottom  of  the  page  to  decision  No.  375,  is  found 
on  page  234  to  mean  3  Tenn.  177. 

1  375 


Education 
Library 


PREFACE 


This  work  was  first  published  in  1875,  and  for 
twenty  years  has  been  the  only  text-book  on  the 
subject  in  general  use.  New  editions  have  appeared 
almost  every  year,  with  additions  and  changes  re- 
quired by  statute  amendments,  and  three  times 
entirely  new  plates  have  been  made.  But  the  book 
is  now  for  the  first  time  entirely  re-written,  some 
changes  being  made  in  the  arrangement,  an  entirely 
new  chapter  on  rules  and  regulations  being  added, 
and  the  system  of  references  being  greatly  extended. 
Indeed  there  are  now  more  than  750  references  to 
legal  decisions,  200  to  decisions  of  the  New  York 
superintendent  of  public  instruction,  and  600  to 
statute  laws  of  other  States,  so  that  it  is  fair  to  say 
'•O  as  regards  Part  II,  the  law  relating  particularly  to 
•^  the  teacher,  that  the  manual  as  now  published  is  a 
,  safe  guide  throughout  the  country  both  in  school 
*J  and  in  court.  Part  I,  the  law  relating  to  school 
officers,  is  so  dependent  upon  statute  enactment  and 
varies  so  much  in  different  States,  that  it  is  based 
directly  upon  the  New  York  law,  with  only  occa- 
sional references  to  the  laws  of  other  States. 

In  comparing  the  first  edition  of  this  work  with 
the  present  some  general  changes  in  the  status  of  the 

(iii) 


IV  COMMON   SCHOOL   LAW 

teacher  are  worthy  of  remark.  In  the  first  place, 
definite  boundaries  have  been  established.  In  1875 
any  person  might  become  a  teacher  who  could  secure 
the  good  will  of  the  licensing  officer.  Now,  licenses 
to  teach  can  be  obtained  only  by  examination  on 
fixed  dates  upon  questions  prepared  by  a  central 
authority,  which  also  marks  all  the  papers  of  the 
candidates.  The  requirements  are  constantly  ris- 
ing, and  really  considerable  preparation  is  becoming 
necessary  on  the  part  of  would-be  teachers. 

In  the  second  place,  the  authority  of  the  teacher 
as  a  teacher,  independent  of  that  which  is  dele- 
gated to  him  by  the  trustees,  has  been  established 
upon  a  definite  basis.  The  decision  on  page  140  is 
of  great  importance  as  fixing  the  relation  between 
trustees  and  teachers. 

On  the  other  hand,  the  authority  of  the  teacher 
over  the  child  has  been  noticeably  narrowed.  Such 
decisions  as  those  on  page  152  would  probably  be 
now  impossible  anywhere,  and  there  is  more  and 
more  recognition  of  the  principle  that  the  school  is 
for  the  child,  not  the  child  for  the  school. 

Finally  the  general  adoption  of  compulsory  laws 
puts  suspension  and  expulsion  for  misconduct  upon 
a  new  footing,  as  shown  on  pages  207-210. 

Hoping  the  new  volume  may  prove  worthy  of 
the  generous  adoption  that  has  been  accorded  to  its 
predecessors,  the  author  submits  it  to  the  public. 

Syracuse,  N.  Y.,  April  10,  1896 


CONTENTS 


PART  I.    THE  SCHOOL  OFFICER 
(For  Topical  Analysis,  see  pages  81-85) 

State  superintendent 9 

State  school  moneys 9 

Supervisor 12 

Town  clerk 13 

School  commissioner 14 

City  and  village  superintendents 18 

Annual  and  special  district  meetings 19 

District  clerk 24 

District  collector 25 

District  treasurer 28 

Trustees 28 

Union  free  schools 50 

Normal  schools 70 

Indian"  schools 72 

Institutions  for  the  deaf  and  dumb,  and  for  the  blind 78 

Cornell  scholarships 73 

University  of  the  State  of  New  York 74 

Training  classes 78 

Tabular  analysis 81 

PART  n.    THE  TEACHER 
(For  Topical  Analysis,  seepages  217-222) 

Chapter  I.    The  Teacher's  Qualification 89 

Chapter  II.    Making  the  Contract 105 

Chapter  III.    Conditions  of  Contract 113 

Chapter  IV.    Breaking  the  Contract 124 

Chapter  V.    Rules  and  Regulations 138 

Chapter  VI.    Absence  and  Tardiness 149 

Chapter  VH.    Control  of  the  Child's  Studies 155 

Chapter  VIII.    The  Bible  and  Religious  Exercises 166 

Chapter  IX.    Extent  of  Authority 170 

Chapter  X.    Corporal  Punishment 180 

Chapter  XI.    Suspension  and  Expulsion 195 

Chapter  XII.    In  Loco  Parentis 211 

Tabular  analysis 217 

Legal  decisions 223 

Superintendents'  decisions 237 

References  to  statute  laws 240 

PART  III.    UNIFORM  EXAMINATION  QUESTIONS 

From  Sept.  3, 1887,  to  March  6, 1896 246 

(v) 


BIBLIOGRAPHY 


The  lawyer  in  the  school-room :  comprising  the  laws  of  all  the  States 
on  important  educational  subjects.  Carefully  compiled,  arranged,  cited, 
and  explained,  M.  McN.  WALSH.  12:161.  N.  Y.,  1867.* 

A  treatise  on  the  law  of  public  schools,  FINLET  BURKE.  12:154.  N.  Y., 
1880.  $1.00. 

The  power  and  the  authority  of  school  officers  and  teachers  in  the  man- 
agement and  government  of  public  schools,  and  over  the  pupils  out  of 
school,  as  determined  by  the  courts  of  the  several  States.  By  a  member  of 
the  Massachusetts  Bar.  16:181.  N.  Y.,  1885.* 

The  powers  and  duties  of  officers  and  teachers,  ALBERT  P.  MARBLE. 
16:27.  Syr.,  1887.  15cts. 

Legal  provisions  respecting  the  examination  and  licensing  of  teachers. 
8:46.  Wash.,  1883. 

Recent  school  law  decisions,  LYNDEN  A.  SMITH.    8:82.    Wash.,  1883. 

Public  school  law  of  the  United  States  as  administered  by  the  courts. 
With  appendix,  containing  synopsis  of  principal  statutes  of  each  State,  IR- 
WIN  TAYLOR.  8:411.  Topeka,  1892.  $3.50. 

Manual  of  school  laws  for  the  use  of  school  teachers  and  officers  in  the 
State  of  Vermont,  W.  H.  TAYLOR.  16:197.  St.  Johnsville,  1889.  75  cts. 

School  law,  and  a  history  and  description  of  the  educational  system  of 
Michigan,  HARVEY  TAPPAN.  16:168.  Port  Huron,  1889.  $1.00. 

Michigan  school  law  for  teachers  and  students,  MYRON  T.  DODGE.  13:136. 
Saginaw,  1893.  50  cts.  • 

Legal  rights  of  children,  S.  M.  WILCOX.    8:96.    Wash.,  1880. 

The  laws  of  N.  Y.  and  of  the  U.  S.  relating  to  children,  with  notes  and 
references,  LEWIS  L.  DELAFIELD.  8:317.  N.  Y.,  1876.  $3.00.  « 

The  legal  relations  of  infants,  parent  and  child,  and  guardian  and  ward 
[etc.],  G.  W.  FIELD.  8:396.  Roch.,  1888.  $3.50. 

The  law  relating  to  schoolmasters,  HENRY  W.  DISNEY.  12:135.  London, 
1893.  $1.25. 

Manual  of  the  education  acts  for  Scotland,  A.  C.  SBLLAR.  8th  ed., 
revised  by  J.  E.  GRAHAM.  8:335.  Lon.,  1888. 

Protokolle  tiber  die  im  Juni  1872  im  kfiniglich  preussischen  Unterrichts- 
Ministerium  gepflogenen,  das  Volksschulwesen  betreffenden  Verhandlungen. 
8:71.  Berlin,  1872. 

Der  Schuldienst.  Auszug  aus  den  Gesetzen,  Verordnungen,  und  Aus- 
schreiben  in  Schulsachen,  f  iir  den  Bezirk  der  kfiniglichen  Regierungen  zu 
Hannover,  Hildesheim  und  Lunenburg,  H.  SBEVEKS.  8:71.  Ilfeld,  1886. 

Handbuch  der  Organisation  und  Yerwaltung  der  stadtischen  Schulde- 
putation,  H.  STEFFENHAGEN.  16:267.  Berlin,  1888. 

Ziichtigungsrecht  uud  Zuchtigundspflicht  der  Lehrer,  W  VELTEN. 
16:76.  Diiseldorf. 

*  Out  of  print. 

(vi) 


PART    I 


THE    SCHOOL    OFFICER 


NEW  YORK  SCHOOL  CALENDAR 


JAN.      1.  Legal  holiday.    P.  10. 

Commissioners-elect  take  office,  1897,  1900.  etc.    P.  14. 
2d  Thursday  and  Friday,  Uniform  examinations. 

Normal  entrance  examinations. 
20.  Apportionment  by  State  superintendent.    P.  10, 

3d  Tuesday  to  Friday,  Examination  of  training-classes.    P.  88. 

High  school  teachers  examinations. 

Last  week,  Regents  examination.    Kindergarten  examinations. 
FEB.     12.  Legal  holiday.    P.  10. 
22.  Legal  holiday.    P.  10. 
Men.          1st  Tuesday,  Supervisor  reports  to  county  treasurer. 

(Before  this,  report  of  collector  to  supervisor  must  have  been 

made.    P.  29.) 

3d  Tuesday.  Commissioners  apportion  school  moneys.    Pp.  11, 15 
Last  week.  Regents  examination. 

APRIL    1.  School  moneys  payable  to  county  treasurers.    P.  11. 
7.  State  superintendent  takes  office,  1901,  etc.    P.  9. 
2d  Thursday  and  Friday,  Uniform  examinations. 
MAT       1.  Applications  for  training  classes  must  be  in.    P.  78. 

Friday  following  May  1,  Arbor  day.    P.  66. 
30.  Legal  holiday.    P.  10. 
JUNE  1st  Saturday,  Examination  for  Cornell  scholarships.    P.  73. 

2d  Tuesday  to  Friday,  Examination  of  training-classes.    P.  82. 
Kindergarten  examinations. 
14.  Flag  day. 

3d  week.  Regents  examination. 
JULY      4.  Legal  holiday.    P.  10. 

Auo.       1.  School  year  begins.    P.  19.    All  limited  licenses  begin. 
Trustees  report  to  commissioner.    Pp.  50,  69. 
Commissioners  report  to  superintendent.    P.  18. 
1st  Tuesday,  School  meeting.    Pp.  19,  54. 

(Next  day,  election  in  districts  of  300  children.    P.  19.) 
2d  Thursday  and  Friday.  Uniform  examinations. 

High  school  teachers  examinations. 
Last  week.  Examination  for  State  certificates.    P.  92. 
SEPT.          1st  Monday,  Legal  holiday.    P.  10. 

Last  week.  Regents  professional  and  technical  examinations. 
Nov.       1.  Trustees  must  have  reported  bonded  indebtedness.    P.  50. 

2d  Thursday  and  Friday,  Uniform  examinations. 
DBC.      25.  Legal  holiday.    P  10. 


THE  SCHOOL  OFFICER 

1 


REGENTS  OF  THE  UNIVERSITY 

The  control  of  public  education  in  New  York  is 
placed  in  the  hands  of  11  regents,  elected  by  joint 
ballot  of  the  legislature,  each  for  11  years.  (Seep.  75.) 

COMMISSIONER    OF    EDUCATION 

Their  executive  officer  is  the  commissioner  of 
education,  elected  by  them  for  a  term  of  6  years,  at 
a  salary  of  $7500,  with  $1500  for  expenses. 

lie  lias  all  the  powers  formerly  wielded  by  the  superintendent 
of  public  instruction  and  the  secretary  of  the  board  of  regents. 
He  appoints  assistants  and  heads  of  departments,  subject  to  the 
approval  of  the  regents;  and  the  heads  of  departments  appoint 
their  subordinates  subject  to  the  approval  of  the  commissioner. 
The  present  system  is  shown  on  the  opposite  page. 

The  present  commissioner  was  elected  by  joint  ballot  of  the 
legislature.  His  term  expires  March  31,  1910. 

He  is  ex  officio  a  regent  of  the  university,  and  a  trustee  of  Cor- 
nell University  and  of  the  New  York  State  Asylum  for  Idiots 
(i.  6.)  He  has  entire  charge  of  teachers'  institutes  and  of  training 
classes.  He  must  approve  the  plans  of  all  schoolhouses  except  in 
cities  of  the  1st  and  2d  classes,  and  of  repairs  costing  more  than 
$500.  (281:1904) 

Appeals.  —  In  case  of  an  appeal  to  him  from  any  act  or  decision 
pertaining  to  common  schools,  his  decision  shall  be  final,  and  not 
subject  to  review  in  any  court  (xiv.  1;  4^2-504,  557). 

Other  States  make  similar  provisions.  (Del.  67:1898;  Mel. 
221:1898,  etc.) 

(9) 


10  STATE    SCHOOL    MONEYS 

THE    STATE    SCHOOL    MONEYS 

How  made  up. — (a)  The  State  tax  authorized  each 
year  by  the  legislature  (ii.  1) ;  (6)  such  portion  of 
the  U.  S,  deposit  fund  as  shall  be  appropriated  ;  and 
(c)  the  income  of  the  common  school  fund,  constitute 
the  State  school  moneys  (ii.  4). 

How  apportioned  by  the  commissioner. — On  or  be- 
fore the  20th  day  of  January  in  each  year  the  com- 
missioner shall  set  apart : 

(1)  The  amounts  required  for  salaries  of  (a)  school  commission- 
ers (see  page  14):  and  (b)  superintendents  Csee  page  18); 

(2)  Such  sums  as  may  be  appropriated  by  the  legislature  for 
library  moneys; 

(3)  A  contingent  fund  of  not  more  than  $10,000; 

(4)  A  sum  for  the  Indian  schools  equivalent  to  their  proportion 
upon  the  basis  of  distribution  (ii.  5); 

(5)  A  district  quota  to  every  district  employing  a  qualified 
teacher  for  160  days,  of  $150  if  the  valuation  does  not  exceed 
$40,000;  otherwise  of  $125  (316:1902); 

(6)  A  teacher's  quota  of  $100  to  each  district  for  every  addi- 
tional qualified  teacher  who  has  been  employed  160  days  (ii.  6). 
See  pages  89-104. 

NOTE  1.— Where  there  has  been  a  change  of  teachers,  a  succession  of 
qualified  teachers  entitles  the  school  to  its  distributive  quota  (ii.  6). 

NOTES. — Pupils  employed  to  teach,  as  monitors  or  otherwise,  do  not 
entitle  to  teachers'  quota  (ii.  6).  See  page  108. 

NOTES.— The  160  days  include  legal  holidays  but  exclude  Saturdays. 
No  school  shall  be  in  session  on  a  legal  holiday  (ii.  6),  except  Feb.  12  and  22. 
The  legal  holidays  are  Jan.  1;  Feb.  12;  Feb.  22;  May  30;  July  4;  the  first 
Monday  in  Sept. ;  Dec.  25;  each  general  election  d  ay,  and  each  day  appointed 
by  the  President  or  by  the  Governor  for  thanksgiving,  fasting  and  prayer,  or 
other  religious  observance.  When  a  holiday  falls  on  Sunday,  the  following 
day  is  a  holiday  (677:1892).  Arbor  Day  is  the  Friday  following  May  1.  See 
page  116. 

NOTE  4. — The  commissioner  shall  excuse  a  deficiency  not  exceeding  3 
weeks  in  any  school  year  caused  by  a  toucher's  attendance  upon  an  insti- 
tute within  the  county  (ii.  6).  See  page  116. 


HOW    APPORTIONED  11 

He  shall  then  apportion  the  remainder  of  the  school  moneys 
an'd  the  library  moneys  separately  among  the  counties  of  the  State 
according  to  population,  excluding  Indians. 

NOTE. — In  counties  containing  cities  having  school  acts,  the  part  to 
which  a  city  is  entitled  is  apportioned  to  it  separately.  In  all  towns  and 
cities  of  the  State  having  a  population  of  100,000  or  more,  the  superintend- 
ent takes  a  census  in  October  of  the  odd  years  of  the  names  and  ages  of  all 
persons  4-16,  and  of  all  persons  12-21  unable  to  read  and  write,  and  of  all 
other  facts  required  to  enforce  compulsory  law  (550:1895).  See  page  43. 

By  commissioners. — On  the  3d  Tuesday  of  March, 
the  school  commissioners  of  each  county  shall  meet 
at  the  county  seat,  and  apportion  the  school  moneys 
as  follows : 

They  shall  (a)  set  apart  and  apportion  the  library  moneys;  (fy 
credit  to  each  district  the  amount  apportioned  by  the  superintend- 
ent (c)  add  to  the  remainder  any  unexpended  school  moneys  in  the 
hands  of  the  supervisors  (vii.  54);  (d)  apportion  the  amount 
among  the  districts  in  proportion  to  the  aggregate  days  of  attend- 
ance; (e)  send  to  the  county  treasurer  and  superintendent  dupli- 
cate certificates  showing  the  amounts  apportioned  to  each  school 
district;  and  (/)  certify  to  the  supervisor  of  each  town  the 
amount  of  school  moneys  apportioned  to  each  district,  (ii.  13). 

NOTE.— Library  moneys. — They  shall  apportion  the  library  money  thus: 
To  each  district  an  amount  equal  to  that  which  shall  have  been  raised  in 
said  district  for  library  purposes,  by  tax  or  otherwise;  and  if  the  aggregate 
amount  so  raised  in  the  districts  within  the  county  shall  exceed  the  sum 
apportioned  to  the  county,  the  apportionment  shall  be  pro  rata  to  the  total 
amount  apportioned  (ii.  13,  5;  xiii.  1-8). 

How  distributed  by  the  State  and  county  treasurers. — 
The  moneys  so  apportioned  are  payable  between  the 
1st  day  of  April  and  the  15th  day  of  May  (166:1904) 
succeeding  to  the  county  treasurers  (ii.  12),  who 
shall,  immediately  on  receiving  the  school  commis- 
sioners' certificate  of  apportionment  (ii.  16),  pay  to 
each  supervisor  the  moneys  apportioned  to  his  town, 
as  soon  as  the  supervisor  shall  have  filed  a  bond  ap- 
proved by  the  treasurer  (ii.  17). 


12  SUPERVISOR 

How  distributed  by  the  supervisor. — The  supervisor 
will  pay  out  library  moneys  only  upon  the  written 
orders  of  trustees ;  and  school  moneys  for  teachers' 
wages  only  upon  written  orders  of  trustees  :  except 
that  when  a  collector  in  any  district  shall  have  given 
bonds,  or  treasurer  shall  be  elected  as  required  by 
law,  he  shall  pay  over  such  school  moneys  to  such 
collector  or  treasurer  (iii.  4  ;  vii.  14.  4,  5  ;  594-596, 
659}. 

NOTE  1.— Where  there  is  more  than  one  trustee  in  a  district,  the  written 
order  must  be  signed  by  a  majority  of  them  (iii.  4). 

NOTE  2.— In  case  of  a  union  free  school  district  the  moneys  both  for 
teachers'  wages  and  for  library  moneys  shall  be  paid  over  to  the  treasurer 
(iii.  4.  3). 

SUPERVISOR 

Town  school  treasurer. — He  is  the  custodian  of  the 
school  moneys  of  the  town  (ii.  1G) ;  must  give  a 
bond  (ii.  17) ;  must  report  to  the  superintendent 
whether  there  be  gospel  or  school  lots  and  how  they 
are  rented  (ii.  22) ;  whether  the  town  has  a  common 
school  fund,  and  if  so  how  it  is  applied  (ii.  23)  ; 
sue  for  and  recover  penalties  (iii.  4.  9  ;  vii.  13,  15)  ; 
and  act  when  required  in  the  erection  or  alteration 
of  a  school  district  (vi.  4  ;  535),  in  which  case  he  shall 
be  paid  $1.50  a  day  for  his  services  (vi.  5).  If  when 
elected  he  is  a  trustee  or  a  member  of  a  board  of 
education  he  vacates  that  office  (vii.  22  ;  viii.  5). 

NOTE  1. — When  a  district  is  dissolved  lie  shall  sell  its  property  at  auction, 
apply  the  proceeds  to  the  payment  of  its  debts,  and  apportion  the  residue 
amonf*  the  owners  of  taxable  property  in  proportion  to  their  last  assess- 
ments (vi.  10 ;  503,  503,  61,7).  He  may  also  sue  for  any  money  of  the  district 
outstanding  (vi.  11). 


TOWN    CLERK  13 

NOTE  2.— The  board  of  supervisors  may  divide  a  school  commissioner 
district  which  contains  more  than  200  school  districts  ( Chap.  686,  laws  of 
1892  ;  627y. 

Report. — On  the  1st  Tuesday  in  March  he  shall 
make  a  written  report  to  the  county  treasurer  (iii.  3). 

NOTE  1.— The  supervisor  is  to  keep  a  true  account  of  all  school  moneys 
received  and  disbursed,  and  lay  the  same  with  proper  vouchers  before  the 
board  of  town  auditors  at  each  annual  meeting  thereof  (iii.  4,  4).  He  is  also 
to  keep  a  record  of  all  receipts  and  disbursements  in  a  bound  blank  book, 
which  he  shall  deliver  to  his  successor  in  office  (iii.  4,  5). 

NOTE  2.— Whenever  after  the  first  day  of  March  in  any  year  any  county 
has  failed  to  pay  its  share  of  the  State  tax,  the  State  treasurer  and  superin- 
tendent are  authorized  to  make  a  temporary  loan  to  meet  the  deficiency, 
which  amount  with  interest  at  12  per  cent  shall  be  added  to  the  amount  of 
State  tax  and  levied  upon  such  county  by  the  board  of  supervisors  at  the 
next  assessment  (ii.  8). 

NOTE  3.— Within  15  days  after  the  termination  of  his  office,  he  is  to  deliver 
a  true  account  of  all  receipts  and  disbursements  of  school  moneys,  and 
deliver  the  same  to  the  town  clerk  (iii.  4,  6 ;  iv.  1,  6-8). 

TOWN   BOARD 

The  town  board  must  appoint  one  or  more  attend- 
ance officers  for  the  districts  of  the  town  and  fix  his 
salary,  which  is  a  town  charge  (606:1896). 

NOTE  1.— The  town  board  consists  of  the  supervisor,  the  town  clerk,  and 
the  justices  of  the  peace. 

NOTE  2.— The  jurisdiction  of  this  officer  extends  only  over  districts  out- 
side of  cities,  union  free  school  districts,  and  districts  including  in  whole  or 
in  part  an  incorporated  village  ;  in  these  the  attendance  officer  is  appointed 
by  the  school  authorities.  See  page  43. 

TOWN    CLERK 

Records. — Shall  carefully  keep  all  maps,  papers, 
and  records  of  his  office  pertaining  to  common  schools 
(iv.  1 ;  iii.  4,  6  ;  vii.  89). 

Reports  of  trustees. — Is  to  see  that  trustees  deposit 
with  him  at  the  proper  time  their  annual  reports, 
and  to  deliver  the  same  to  the  commissioner  ;  also, 


14  SCHOOL    COMMISSIONER 

to  furnish  the  commissioner  the  names  and  post-office 
addresses  of  district  officers,  reported  to  him  by  dis- 
trict clerks  (iv.  4). 

Alteration  of  boundaries.— Trustees  may  request  the 
town  clerk  and  the  supervisor  to  be  associated  with 
the  commissioner  in  deciding  as  to  change  of  bound- 
aries of  school  districts  (vi.  4 ;  535),  in  which  case 
he  shall  be  paid  $1.50  a  day  for  his  services  (vi.  5). 

CW-vC    SCHOOL    COMMISSIONER 

Election. — He  is  elected  by  popular  ballot  at  the 
general  State  election. 

The  term  of  office  begins  on  the  1st  day  of  January  succeed- 
ing the  election,  and  is  for  3  years  (v.  4). 

NOTE  1.— The  years  of  election  are  1896, 1899,  etc.,  except  in  the  second 
district  of  Tompkins  county,  where  they  are  1895, 1898,  etc. 

NOTE  2.— Vacancies  are  filled  by  the  county  judge  until  the  next  general 
election. 

Qualifications. — The  candidate  must  be  (a)  of  full 
age,  (b)  a  citizen  of  the  United  States,  (c)  a  resident 
of  the  State  and  (d)  of  the  county  in  which  the  dis- 
trict is  situated.  A  trustee  or  member  of  a  board  of 
education  vacates  that  office  when  elected  commis- 
sioner (vii.  22  ;  viii.  5) ;  and  a  commissioner  must 
not  engage  in  teaching  during  his  term  of  office 
(627).  No  person  is  deemed  ineligible  on  account  of 
sex  (v.  3). 

Salary. — An  annual  salary  of  $1,000  is  paid  him 
from  the  State  school  moneys. 

An  allowance  of  $200  a  year  is  also  mado  by  the  county  for 
expenses  (v.  7-9).  This  last  may  be  increased  by  the  supervisors, 


MISCELLANEOUS  DUTIES  15 

Removal — If  he  persistently  neglects  to  perform 
his. duties  his  salary  may  be  forfeited  (v.  10) ;  and 
he  may  be  removed  by  the  superintendent  for  wilful 
violation  of  duty,  or  for  wilfully  disobeying  any  decis- 
ion, order,  or  regulation  of  the  superintendent  (i.  13). 

If  he  is  engaged  directly  or  indirectly  as  publisher  or  seller  of 
school  books,  or  in  making  or  selling  school  apparatus  ;  or  if  he 
receives  any  gift  or  reward  or  promise  for  his  influence  in  secur- 
ing the  sale  among  schools  of  books  or  furniture,  he  commits  a 
misdemeanor  and  may  be  removed  from  office  (v.  12).  See  page 
129. 

Apportionment — The  commissioners  of  each  coun- 
ty shall  meet  at  the  county  seat  on  the  3d  Tuesday 
of  March  in  every  year,  to  apportion  the  school 
moneys  of  the  county  among  the  different  districts 
(ii.  12).  See  pages  10,  11. 

Visitation. — He  shall  visit  schools  in  his  district  as 
often  as  practicable  each  year,  and  make  inquires  of 
all  matters  relating  to  the  schools,  and  their  man- 
agement, and  the  condition  of  the  school  property ; 
and  recommend  to  trustees  and  teachers  the  proper 
course  of  instruction,  management,  discipline,  and 
studies  for  the  school  (v.  13.2).  See  page  139. 

In  case  of  joint  districts,  the  school  is  under  the  commissioner 
in  whose  district  the  schoolhouse  is  situated. 

Condemnation  of  schoolhouses. — If  he  deems  a 
schoolhouse  wholly  unfit  for  use  he  may  condemn 
it,  under  written  order  taking  effect  immediately 
(vi.  13.4  ;  629,  630,  686,  637).  Ky.  has  a  like  law1 . 

1  135. 


16  SCHOOL    COMMISSIONER 

NOTE.— He  has  also  the  power  to  direct  the  trustees  (a)  to  make  any  re- 
pairs or  alterations  on  the  schoolhouse  or  out -buildings  which  shall,  in  his 
opinion,  be  necessary  for  the  health  or  comfort  of  the  pupils  at  an  expense 
not  to  exceed  $200,  unless  more  shall  be  voted  by  the  district  (037) ;  (6)  to  re- 
pair or  replace  the  school-furniture  at  an  expense  not  to  exceed  $100  in  any 
one  year,  (c)  He  may  also  direct  the  abatement  of  any  nuisance  on  the  prem- 
ises when  the  cost  is  not  more  than  $25  (v  13.3).  He  is  to  approve  of  plans 
for  school-buildings  (vii.  17 ;  630),  and  of  change  of  site  (vii.  19).  He  has  no 
power  to  condemn  a  schoolhouse  site  (555). 

Examination  of  teachers. — Is  to  examine  persons 
proposing  to  teach  common  schools  in  his  district, 
who  do  not  possess  a  State  certificate  or  a  normal 
school  diploma,  and  to  grant  licenses  to  those  found 
to  be  qualified  (v.  13.  5). 

NOTE.— He  may  have  the  use  of  any  school-building  in  his  district  for 
holding  examinations  (v.  16). 

Annulment  of  licenses. — He  is  to  examine  any 
charge  affecting  the  moral  character  of  any  teacher 
within  his  district,  and  if  he  finds  the  charges  sus- 
tained to  annul  the  teacher's  license  (v.  13.  6). 

NOTE. — He  also  has  the  power  to  take  affidavits,  administer  oaths,  and 
issue  subpoenas,  when  directed  by  the  superintendent  to  take  testimony  in 
cases  of  appeal  (v.  14). 

Teachers'  classes. — Teachers'  classes,  organized  in 
any  academy  or  union  school  by  appointment  of  the 
superintendent,  are  subject  to  the  visitation  of  the 
commissioner  ;  it  is  his  duty  to  advise  and  assist  the 
principal  of  such  school  in  the  organization  and 
management,  and  at  the  close  of  the  term  to  exam- 
ine the  students  in  such  classes  and  to  issue  teachers' 
certificates  to  such  as  show  proper  qualifications  (xi. 
7)- 

Teachers'  institutes. — He  is  to  make  all  necessary 


MISCELLANEOUS    DUTIES  17 

arrangements  for  institutes  when  appointed  by  the 
superintendent,  and  report  the  same  (x.  2). 

NOTE  1.— He  has  the  right  to  use  any  school-building  in  the  district  for 
that  purpose  (x.  3). 

NOTE  2.— All  schools  in  the  district  must  be  closed  during  the  institute  ; 
except  that  districts  having  a  population  of  more  than 

5,000  and  employing  a  superintendent  may  be  closed  or  not  at  the  option  of 
the  board  of  education  (x.  4).  The  schools  thus  closed  shall  be  allowed  the 
same  average  pupil  attendance  for  the  week  of  the  institute  as  for  the  week 
preceding,  and  any  school  failing  to  close  shall  receive  no  public  money 
based  upon  the  aggregate  attendance  during  institute  week  (x.  5).  Wilful 
failure  to  close  the  school  during  institute  week  is  sufficient  cause  for  with- 
holding the  public  moneys  (x.  6). 

NOTK  3. — All  teachers  employed  or  under  contract  to  teach  in  the  dis- 
trict shall  attend  the  institute  and  shall  receive  wages  for  the  time  in  attend- 
ance (x.  4). 

District  boundaries. — Shall  ascertain  from  time  to 
time  if  the  boundaries  of  school  districts  are  defin- 
itely described  in  the  records  of  the  proper  town 
clerks ;  in  case  they  are  found  defective,  or  are  in 
dispute,  shall  cause  them  to  be  amended,  or  an 
amended  record  to  be  made  (v.  13. 1 ;  vii.  1,  3,  4 ; 
539). 

May  alter  the  boundaries  of  any  district  with  the 
written  consent  of  the  trustees  of  the  districts  affected 
(vi.  2  ;  vii.  1,  3,  4 ;  $44-2,57,  531-534,  540-563). 

NOTE  1.— If  the  trustees  of  any  such  district  refuse  to  consent,  he  may 
make  and  file  with  the  town  clerk  his  order  making  the  change ;  but  direct- 
ing that  it  shall  not  take  effect  till  a  spcci  Tied  day  not  less  than  three  months 
after  giving  notice  to  the  trustees  as  given  below  (vi.  3). 

Within  ten  days  after  filing  such  order,  he  shall  give  to  one  or  more  of 
the  assenting  and  the  dissenting  trustees  of  any  district  affected  by  the 
change,  at  least  a  week's  notice  in  writing,  that,  at  a  named  time  and  place 
within  the  town,  he  will  hear  the  objections  to  the  alteration.  The  trustees 
of  any  such  district  may  request  the  supervisor  and  town  clerk  to  be  associ- 
ated with  the  commissioner;  the  decision  made,  whether  the  order  directing 
the  change  shall  be  confirmed  or  annulled,  is  final,  unless  duly  appealed 
from  (vi.  4 ;  534-539). 


18  VILLAGE   SUPERINTENDENTS 

NOTE  2.—  Union  free  school  districts.— He  may  alter  the  boundaries  of  any 
union  free  school  district  whose  limits  do  not  correspond  with  those  of  a  city 
or  an  incorporated  village  in  like  manner  as  of  common  school  districts  ; 
but  no  district  shall  be  divided  which  has  any  bonded  indebted- 

ness outstanding  (v.  6 ;  5.59). 

NOTE  3.— Dissolved  districts.— HQ  may  dissolve  one  or  more  districts,  and 
from  such  territory  form  a  new  district,  or  unite  a  portion  of  such  territory 
to  any  existing  adjoining  district  or  districts  (vi.  9 ;  264:1896.  He  shall  order 
the  clerk  of  a  dissolved  district  to  deposit  the  books,  papers,  and  records  of 
the  district  in  the  town  clerk's  office,  filing  a  duplicate  of  the  order  with  the 
town  clerk  (vi.  13).  The  dissolved  district  must  continue  to  hold  meetings 
for  the  sake  of  paying  its  just  debts  (vi.  12).  For  distribution  of  its  property, 
see  vl.  10 ;  592. 

NOTE  4.— The  inhabitants  of  a  district  have  no  power  to  annul  it  (530),  or 
to  vote  that  no  school  be  held  (617). 

Reports. — On  August  1  he  shall  make  to  the 
superintendent  a  report  made  up  from  the  reports 
of  the  trustees,  afterwards  indorsing  and  depositing 
them  with  a  copy  of  his  abstract  in  the  county 
clerk's  office  (v.  16  ;  200}. 

CITY    AND    VILLAGE    SUPERINTENDENTS 

Limit  of  Population. — In  any  incorporated  village 
or  union  school  district  having  a  population  of  5,000 
or  upward,  the  board  of  education  may  appoint  a 
superintendent  of  schools,  to  be  under  their  direc- 
tion, with  powers  and  duties  prescribed  by  them. 
He  shall  be  paid  from  the  teachers'  fund  a  salary  to 
be  fixed  by  a  majority  vote.  Such  superintendent 
shall  entitle  the  district  to  receive  $800  a  year  from 
the  free  school  fund  (viii.  17  ;  ii.  5). 

NOTE  1.— It  is  for  the  State  superintendent  to  determine  by  causing  the 
enumeration  to  be  made  whether  the  district  really  has  a  population  of  6,000 
(ii.  5 ;  viii.  17). 

NOTE  2.—  Cities  entitled  to  more  than  one  member  of  assembly  receive 
an  additional  $500  for  each  additional  member  of  assembly  (il.  6). 


SCHOOL    MEETINGS  19 

NOTE  3.— The  time  .of  the  superintendent  must  be  exclusively  devoted  to 
general  supervision  (ii.  5).  He  cannot  act  at  the  same  time  as  teacher. 

ANNUAL   AND   SPECIAL    MEETINGS 

Time  and  place. — The  annual  meeting  shall  be 
held  on  the  first  Tuesday  in  August  each  year,  and 
unless  the  hour  and  place  thereof  shall  have  been 
fixed  by  a  vote  of  a  previous  district  meeting,  the 
same  shall  be  held  in  the  schoolhouse  at  7|  o'clock 
in  the  evening  (vii.  8  ;  197,  517,  570-578}. 

NOTE  1.— When  the  time  for  the  annual  meeting  shall  pass  without  a 
meeting  being  held,  and  the  trustees  or  clerk  shall  not  call  a  special  meeting 
within  20  days  thereafter,  the  school  commissioner  or  superintendent  may 
order  a  meeting  at  which  the  annual  reports  shall  be  made  and  officers 
elected  (vii.  9, 15 ;  58k). 

NOTE  2.— The  proceedings  may  be  set  aside  if  the  attendance  was  too 
small  to  make  its  action  fairly  represent  the  wishes  of  the  district  (582). 

Districts  of  300  children. — Districts  where  the 
number  of  children  of  school  age  exceeds  300,  as 
shown  by  the  last  annual  report  of  the  trustees, 
may  by  a  majority  vote  at  any  annual  meeting 
determine  that  the  election  of  officers  shall  there- 
after be  held  by  ballot  on  the  Wednesday  next  fol- 
lowing the  first  Tuesday  in  August  each  year, 
between  12  o'clock  noon  and  4  o'clock  in  the  after- 
noon, at  the  principal  schoolhouse,  or  at  such  other 
suitable  place  as  the  trustees  may  designate  on  due 
notice  (vii.  15). 

NOTE  1.— The  annual  meeting  in  such  distiicts  shall  be  held  as  usual  on 
Tuesday  evening,  when  all  business,  except  the  election  of  officers,  shall  be 
transacted  (vii.  8). 

NOTE  2.— This  paragraph  does  not  apply  to  cities,  nor  to  union  free 
school  districts  whose  boundaries  correspond  with  those  of  an  incorporated 
village,  nor  to  any  district  organized  under  a  special  act  prescribing  the 


20  SCHOOL    MEETINGS 

manner  of  the  election  of  officers,  nor  to  the  counties  of  Erie,  Richmond,  St. 
Lawrence,  Suffolk,  Warren,  aud  \Vestcliester  (vii.  15). 

NOTE  3.— When  the  place  of  election  is  other  than  the  schoolhouse,  the 
trustees  shall  give  notice  thereof  at  least  one  week  before,  by  posting  the 
same  in  five  conspicuous  places  in  the  district,  or  by  publishing  it  in  a  local 
newspaper  (vii.  15). 

NOTE  4.— The  trustees  may  by  resolution  extend  the  time  of  holding  the 
election  from  four  o'clock  till  sunset  (vii.  15). 

Special  meetings. — To  call  a  special  meeting,  a 
notice  shall  be  duly  served  upon  each  inhabitant 
entitled  to  vote,  at  least  five  days  before  the  meet- 
ing ;  the  notice  shall  state  the  purposes  for  which 
the  meeting  was  called  and  no  other  business  shall 
be  transacted  (vii.  6  ;  578,  579,  684.,  646). 

NOTE. — The  notice  shall  be  read  in  the  hearing  of  each  qualified  voter 
or,  if  he  is  absent  from  home,  a  copy  shall  be  left  at  least  six  days  before 
the  meeting,  stating  the  time,  place,  and  object  of  the  meeting  (vii.  2 ;  579). 

But  unless  it  shall  appear  that  an  omission  to 
give  due  notice  to  all  such  voters  was  wilful  and 
fraudulent,  no  proceedings  shall  be  held  illegal  for 
want  of  such  notice  (vii.  7  :  588,  64-6}. 

NOTE.— The  proceedings  of  any  meeting  may  be  set  aside  where  the  pro- 
ceedings were  so  turbulent  and  disorderly  as  to  prevent  a  fair  expression  of 
opinion  (589),  or  where  records  of  the  meetings  were  not  properly  kept  (501). 
But  the  meeting  is  not  bound  by  strict  parliamentary  rules,  and  makes  its 
own  (573). 

Qualification  of  voters. — Every  person,  man  or 
woman,  (a)  of  21  years  of  age,  (6)  who  has  resided 
in  the  district  for  the  proceeding  30  days,  (c)  a  citi- 
zen of  the  United  States  ;  and  (1)  who  owns  or  hires 
or  holds  under  contract  to  purchase  real  property  in 
such  district  liable  to  taxation  for  school  purposes 
(790],  or  (2)  who  is  a  parent  of  a  child  of  school  age 
that  has  attended  the  district  school  at  least  8  weeks 


QUALIFICATIONS   OP    VOTERS  21 

within  one  year  preceeding  ;  or  (3)  who  has  perma- 
nently residing  with  him  or  her  any  such  child  ;  or 
(4)  who  owns  and  was  assessed  on  the  last  preceding 
assessment  roll  of  the  town  exceeding  $50  of  per- 
sonal property,  exclusive  of  such  as  is  exempt  from 
execution,  and  no  other,  shall  be  entitled  to  vote  at 
any  school  meeting,  and  may  vote  upon  all  questions 
brought  before  the  meeting,  including  propositions 
to  raise  money  by  tax  (638}  (vii.  11). 

NOTE  1.— The  voter  must  have  all  the  qualifications  (a),  (6),  (c),  and  one 
of  the  qualifications  U),  (2),  (3),  (4).  An  alien  is  no  longer  permitted  to  vote. 
See  137,  528,  788-791. 

NOTE  2.— Under  (2)  both  father  and  mother  are  entitled  to  vote. 

NOTE  3. — Under  (3)  only  one  person,  the  head  of  the  household,  is  entitled 
to  vote.  Therefore  where  husband  and  wife  residing  together  have  such  a 
child  residing  with  them,  the  wife  is  not  on  that  account  entitled  to  vote. 

NOTE  4.— Under  (1)  a  man  does  not  become  eligible  through  real  estate 
owned  by  his  wife  (79 1). 

NOTES. — No  person  shall  be  deemed  ineligible  to  vote  at  any  district 
meeting  or  to  serve  as  any  school  officer,  by  reason  of  sex,  who  has  the 
qualifications  required  by  law  (vii.  11 ;  791.) 

Illegal  voting. — Any  person  offering  to  vote  at 
school  meeting,  upon  being  challenged  as  unqualified 
by  any  legal  voter,  shall  be  permitted  to  vote  (522}  on 
making  this  declaration  :  "  I  do  declare  and  affirm 
that  I  am  an  actual  resident  of  this  school  district 
and  that  I  am  qualified  to  vote  at  this  meeting." 
If  the  person  refuses  to  make  this  declaration,  the 
vote  of  such  person  shall  be  rejected,  (vii.  12,  16.) 

NOTE.  Any  person  who,  upon  being  so  challenged,  shall  wilfully  make 
a  false  declaration  of  his  or  her  right  to  vote  at  such  election  is  guilty  of  a 
misdemeanor.  Any  unqualified  person  who  shall  vote,  though  not  chal- 
lenged, shall  forfeit  the  sum  of  $5.00,  if  it  be  at  an  ordinary  district  meeting 
(vii.  13, ),  or  of  810  if  it  be  an  election  held  on  the  Wednesday  following 
the  annual  meeting  (vii.  15),  to  be  sued  for  by  the  supervisor  for  the  benefit 
of  the  district  (vii.  13, 15).  See  Penal  Code  41  k.  5, 18. 


22  SCHOOL    MEETINGS 

Powers  of  school  meeting. — The  inhabitants  ma}* 
by  majority  of  the  votes  of  those  present  (vii.  4) : 

(1)  Appoint  a  chairman  (191}. 

(2)  In  the  absence  of  the  clerk  appoint  a  clerk 
pro  tern,. 

NOTE.— At  the  annual  meeting,  the  next  business  is  the  presentation  of 
the  annual  reports  of  trustees,  collector,  and  treasurer  (vii.  35,  86).  The 
trustees  then  present  statement  of  the  money  needed  for  teachers'  wages, 
fuel,  repairs,  insurance,  furniture,  library,  etc.  (vii.  14),  and  the  meeting 
takes  action  upon  it.  This  should  precede  election.— (Superintendent's 
Circular  of  Information,  July  5, 1894;  407). 

(3)  Adjourn  from  time  to  time  as  needed  (192, 
572,  577,  751}. 

(4)  Elect  by  ballot  (a)  trustee  or  trustees,  (6)  dis- 
trict clerk,  (c)  district  collector,  and  if  so  determined 
by  the  district  (d)  a  treasurer  (515-529}. 

NOTE  1. — No  school  commissioner  or  supervisor  may  be  trustee,  and  no 
person  can  hold  two  district  offices  at  the  same  time  (U9, 518, 785, 786).  Every 
district  officer  must  be  a  resident  of  the  district,  qualified  to  vote  at  its 
meetings,  and  able  to  read  and  write  (vii.  22,  23).  The  treasurer  must  also 
be  a  taxable  inhabitant  (vii.  14. 5).  If  the  candidate  receiving  a  majority  is 
found  to  be  ineligible,  a  new  election  must  be  had  (525).  The  trustee  must 
not  be  the  teacher  of  the  district  (744,  765). 

NOTE  2.— The  term  of  office  of  all  district  officers  is  one  year,  except  that 
where  there  are  three  trustees  the  term  is  for  three  years,  and  in  changing 
from  one  trustees  to  three,  one  trustee  is  elected  for  two  years.  But  dis- 
trict officers  hold  office  until  their  successors  are  elected  or  appointed  (vii. 
24).  In  a  newly-created  district  the  terms  of  the  officers  elected  expire  on 
the  1st  Tuesday  of  August  next  thereafter  (vii.  25). 

NOTE  3.— It  requires  a  majority  vote  to  elect ;  that  is  the  candidate  must 
receive  more  votes  than  all  the  other  candidates  together  (vii.  14. 4 ;  517, 524). 

NOTE  4.— Formerly  election  by  ballot  was  required  only  in  union  school 
districts  (517,  521, 526),  but  it  is  now  required  in  all  districts  (vii.  14.  4). 

(5)  Determine  to  have  a  treasurer. 

(6)  Fix  the  amount  of  bonds  of  the  collector  and 
of  the  treasurer. 


POWERS  23 

(7)  Designate  sites   for  a  schoolhouse  (273-887, 
581,  641}. 

NOTE  1. — The  final  designation  can  be  made  only  at  a  special  meeting  of 
the  district  duly  called  for  the  purpose  by  a  written  resolution  in  which  the 
proposed  site  is  described. 

NOTE  2.— While  the  district  remains  unaltered,  the  site  cannot  be  changed 
without  .written  consent  of  the  commissioner  and  a  majority  vote  of  the  dis- 
trict (vii.  19 ;  276,  Glg-657).  The  old  site  may  then  be  sold  (vii.  20). 

NOTB  3.— For  acquisition  of  site  by  condemnation,  see  ix.  1—5. 

(8)  To  vote  a  tax  for  purchasing,  leasing,  and 
improving  such  site  (258-26J.,  686). 

NOTE  1.— No  tax  exceeding  $500  for  a  schoolhouse  can  be  levied  unless 
the  commissioner  shall  certify  his  approval  (1&9, 568),  nor  shall  the  house  be 
built  till  the  commissioner  shall  approve  in  writing  the  plan  of  ventilating, 
heating,  and  lighting  (vii.  17 ;  639). 

NOTES.— By  a  majority  vote,  the  money  for  school  building  may  be 
raised  by  instalments,  not  to  extend  more  than  20  years.  The  trustees  may 
then  borrow  at  not  more  than  6  per  cent.,  and  issue  bonds  (vii.  18). 

NOTE  3.— The  district  is  not  limited  as  to  the  amount  it  may  pay  for  a 
site  (CA2). 

NOTE  4.— The  district  must  purchase  the  site.  A  perpetual  lease  will 
not  be  permitted  (650, 685). 

NOTE  5.— All  voting  upon  questions  that  involve  the  expenditure  of 
money  or  the  levying  of  tax  must  be  by  ballot,  or  by  taking  and  recording  the 
ayes  and  noes  (vii.  14. 18). 

NOTE  6 — A  meeting  may  within  proper  time  increase,  diminish,  or 
rescind  the  action  of  a  former  meeting  to  build  a  schoolhouse  (587). 

(9)  To  vote  a  tax  not  exceeding  $25  in  any  one 
year  for  the  purchase  of  maps,  globes,  and  school 
apparatus,  and  for  the  purchase  of  text-books  and 
other  school  necessaries  for  the  use  of  poor  scholars 
of  the  district  (193). 

NOTE  1.— This  section  does  not  authorize  the  adoption  of  free  text- 
books (193). 

(10)  To  vote  a  tax  for  a  school  library. 

(11)  To  vote  a  tax  to  supply  deficiency  from  what 
has  proved  incollectible  of  a  former  tax  (193).  • 


24  DISTRICT    CLERK 

(12)  To  have  the  school  property  insured  (vii, 
47.  7). 

(13)  To  alter,  repeal  and  modify  their  proceedings 
as  needed  (193}. 

(14)  To  vote  taxes  for  : 

(a)  A  book  to  record  the  proceedings  (194) ',  (*)  To  replace 
moneys  lost  or  embezzled  by  district  officers,  and  to  pay  expenses 
of  law  suits  (195) ;  (c)  For  teachers'  wages  ;  (d)  To  pay  judgments 
against  the  district  (745-747,  752,  754-756) ;  (e)  To  enter  into  con- 
tract with  any  school  to  instruct  the  children  of 
the  district,  and  to  provide  for  the  conveyance  of  the  children  to 
such  school  (xv.  14  ;  264:1896).  See  page  49. 

NOTE  1.— A  district  so  paying  for  instruction  will  be  entitled  to  one  dis- 
trict quota.  See  page  10. 

NOTE  2.— When  the  court  shall  certify  that  school  officers  have  acted  in 
good  faith  and  where  the  matter  might  have  been  appealed  to  the  superin- 
tendent, no  costs  in  actions  at  law  shall  be  allowed  to  plaintiff  (xv.  3). 
When  school  officers  have  been  instructed  by  the  district  to  bring  or  defend 
an  action,  their  costs  and  reasonable  expenses  shall  be  a  district  charge 
(xv.  4).  When  they  have  brought  or  defended  such  action  without  vote  of 
the  district,  they  may  be  reimbursed  by  a  majority  vote  at  a  district  meet- 
ing (xv.  5).  Should  the  district  refuse,  they  may  appeal  to  the  county  judge 
(xv.  6). 

NOTE  3.— In  all  propositions  to  spend  or  raise  money,  the  vote  shall  be  by 
ballot,  or  by  taking  the  ayes  and  noes  (vii.  14). 


Duties. — He  is  (1)  to  record  district  proceedings  ; 
(2)  give  notice  of  special  meetings  ;  (3)  post  notices 
of  adjourned  meetings ;  (4)  give  notice  of  annual 
meeting  ;  (5)  notify  persons  elected  to  district  offices  ; 
(6)  notify  trustees  of  resignations  ;  (7)  keep  all  records 
and  transfer  them  to  his  successor,  or  in  dissolved 


DISTRICT    COLLECTOR  25 

districts  (8)  to  the  town  clerk  ;  (9)  attend  and  record 
meetings  of  trustees ;  (10)  call  special  meetings  when 
the  office  of  trustee  is  vacant ;  (11)  hold  the  records 
open  for  inspection  (vii.  34  ;  508-511}. 

NOTE.— The  law  does  not  permit  the  clerk  to  receive  pay  for  his  services 
(510). 

Notices  of  election. — Shall  notify  in  writing  any 
pei-son  elected  to  any  district  office  of  such  an  elec- 
tion, when  the  person  is  not  present  at  the  meeting. 
Unless  a  written  refusal  to  serve  is  filed  with  the 
clerk  within  5  days  thereafter,  such  person  shall  be 
deemed  to  have  accepted  the  office  (vii.  27,  34.  5). 

Penalties. — If  the  clerk  fails  to  deliver  the  records 
to  his  successor,  or  if  in  a  dissolved  district  he  fails 
on  order  of  the  commissioner  to  deliver  them  to  the 
town  clerk,  he  forfeits  $50  (vii.  13,  34). 

DISTRICT    COLLECTOR 

Bond  required. — Vacates  his  office  by  not  executing 
a  bond,  and  the  trustees  may  supply  the  vacancy 
(vii.  28).  If  the  trustees  approve  the  bond,  they 
shall  endorse  their  approval  thereon,  and  further- 
more deliver  the  bond  to  the  town  clerk,  who  shall 
file  the  same  in  his  office,  charging  the  district  a  fee 
of  25  cents  (vii.  80,  88  ;  511-514). 

NOTE.— He  cannot  legally  enforce  the  collection  of  any  tax  unless  he  has 
executed  a  bond  to  the  trustees,  and  renders  himself  liable  for  trespass  to 
attempt  to  collect  by  levy  and  sale  (Letter,  Sup't  Rice,  Nov.  13, 1865). 

It  is  not  sufficient  to  say  that  no  loss  has  happened  to  the  district  in  the 
past  f  i  >r  want  of  a  bond ;  the  inhabitants  are  entitled  to  one  as  security  in 
the  future  (511). 


26  DISTRICT   COLLECTOR 

Vacancy. — A  refusal  to  serve  as  collector  creates  a 
vacancy  ill  the  office,  which  the  trustees  may  fill  by 
appointment  (Sup't  Rice,  Letter,  April  10,  1854). 

NOTE.— A  verbal  appointment  of  a  collector  by  the  trustee  is  invalid;  the 
appointment  must  be  written  and'  filed  with  the  district  clerk.  (Supreme 
Court— 1876.) 

Delivery  of  warrant. — A  warrant  for  the  collection 
of  a  tax  voted  by  the  district  shall  not  be  delivered 
to  the  collector  till  the  31st  day  after  the  tax  was 
voted  ;  a  warrant  for  any  other  tax  may  be  delivered 
when  it  is  completed  (vii.  78,  79). 

Renewal  of  warrant. — The  collector's  warrant  may 
be  renewed  but  once  without  the  written  consent  of 
the  supervisor  to  a  renewal  endorsed  thereon  (vii.  83  ; 

744). 

Posting  notices. — On  the  receipt  of  a  warrant,  the 
collector  shall  post  notices  in  at  least  three  public 
places  of  the  district,  one  of  which  shall  be  on  the 
outside  of  the  front  door  of  the  schoolhouse,  that  he 
has  received  such  warrant,  and  that  taxes  may  be 
voluntarily  paid  him  during  the  next  two  weeks. 
He  shall  also  give  notice  personally  or  by  mail  at 
least  10  days  before  the  expiration  of  the  two  weeks, 
to  the  ticket-agent  at  the  nearest  railroad  station  of 
any  railroad  assessed,  and  to  non-resident  tax-payers 
where  the  amount  of  tax  exceeds  one  dollar  (vii.  81). 

Compensation. — He  shall  receive  1  per  cent  on  all 
sums  paid  within  two  weeks  of  posting  the  said 
notice,  and  5  per  cent  on  sums  thereafter  collected. 


DISTRICT   COLLECTOR  27 

Iii  case  of  levy  and  sale,  he  shall  be  entitled  to 
travelling  fees  at  the  rate  of  10  cents  a  mile  (vii.  81). 

Enforcement  of  tax  levy. — At  the  expiration  of  a 
collector's  warrant,  if  the  uncollected  sums  be  pay- 
able by  any  person  not  residing  in  the  district  at 
the  time  of  making  out  the  tax  list,  or  who  shall 
not  reside  therein  at  the  expiration  of  such  warrant, 
or  if  the  property  assessed  be  real  estate  belonging 
to  an  incorporated  company,  and  no  goods  or  chat- 
ties can  be  found  whereon  to  levy  the  tax,  the  trus- 
tees may  sue  for  and  recover  the  same  in  their  name 
of  office  (vii.  85). 

May  sell  personal  property,  bid  not  real  estate. — Is 
under  no  circumstances  authorized  to  sell  real  estate  ; 
but  he  can  keep  levying  on  personal  property  till 
enough  to  satisfy  the  tax  is  secured.  (Sup't  Rice — 
Letter  April  23,  1866.) 

NOTE  1.— No  property  is  exempt  from  levy  and  sale  under  a  tax-list  and 
warrant,  except  certain  military  equipments.  (Code  of  18C8 ;  p.  191.) 

NOTE  2.— The  collector  may  levy  upon  any  goods  or  chattels  lawfully  in 
the  possession  of  the  person  liable  for  the  tax,  although  such  person  be  not 
the  owner.  (Code  of  1868 ;  p.  191.  Supreme  Court-1835.) 

Money  held  in  trust. — He  shall  keep  in  his  posses- 
sion all  moneys  received  or  collected  by  him,  and 
pay  them  out  upon  orders  from  the  trustees ;  and 
he  shall  report  in  writing  at  the  annual  meeting  of 
all  his  collections  and  disbursements,  and  pay  over 
to  his  successor,  when  he  gives  bail,  the  moneys 
belonging  to  the  district.  He  shall  also  report  to 
the  supervisor  on  or  before  the  first  Tuesday  in 


28  TREASURER 

March  of  each  year  the  amount  of  school  moneys  in 
his  hands  (vii.  86). 

He  must  make  good  to  the  district  any  moneys 
lost  by  lack  of  proper  effort  to  collect  (vii.  87). 

Unpaid  taxes. — If  at  the  expiration  of  a  tax-war- 
rant, any  tax  of  real  estate,  or  taxes  upon  non-resi- 
dent stockholders  in  banks  organized  under  the 
laws  of  congress,  shall  remain  unpaid,  the  collector 
shall  deliver  to  the  trustees  an  account  of  the  taxes 
remaining  due,  with  a  description  of  the  lands  upon 
the  tax-list,  with  the  amount  of  the  tax  thereon, 
and  upon  making  oath  before  any  officer  authorized 
to  administer  oaths  that,  after  diligent  efforts,  he 
has  been  unable  to  collect  the  same,  he  shall  be 
credited  by  the  trustees  with  the  amount  thereof 
(vii.  72). 

NOTE.— The  trustees,  upon  sending  the  account,  affidavit,  and  their  cer- 
tificate that  such  account  is  correct,  to  the  county  treasurer,  shall  be  paid 
the  amount  of  the  returned  taxes  from  the  county  treasury  (vii.  73,  74). 

TREASURER 

An  optional  office. — Any  district  may  by  a  majority 
vote  elect  a  treasurer,  as  custodian  and  disbursing 
officer  of  all  ^chool  moneys.  He  must  be  a  qualified 
voter  and  taxable  inhabitant  of  the  district  (vii.  14.5, 
35  ;  in.  4.  1). 

TRUSTEES 

Number. — A  district  having  three  trustees  may  at 
any  annual  meeting  decide  by  resolution  to  have  but 
one  ;  no  election  of  a  trustee  shall  be  held  in  sue?* 


TRUSTEES  29 

district  till  the  expiration  of  the  terms  of  those  then 
in  office.  To  change  from  one  trustee  to  three  trus- 
tees requires  a  two-thirds  vote  of  those  present  at  any 
annual  meeting  (vii.  26  ;  J^18\ 

Office  vacated. — A  trustee  who  publicly  declares  that 
he  will  not  accept  or  serve  in  the  office  of  trustee,  or 
who  neglects  to  attend  three  successive  meetings  of 
the  board  (where  districts  have  more  than  one  trus- 
tee) after  due  notice  thereof,  without  a  good  and  valid 
excuse  to  the  others,  vacates  the  office  (vii.  30  ;  766). 
A  duly  qualified  person  appointed  to  a  school  district 
office  who  refuses  to  serve  shall  forfeit  $5  ;  or  if  he 
does  not  refuse  but  neglects  to  perform  his  duties  he 
shall  forfeit  $10,  for  the  benefit  of  the  schools  of  the 
district.  But  if  his  resignation  be  offered  and  ac- 
cepted by  the  commissioner  or  the  district  meeting 
there  shall  be  no  forfeit  (vii.  33). 

Removal. — The  superintendent  may  remove  a 
trustee  for  neglect,  or  disobedience  of  orders  (756— 
762),  but  not  for  immorality  (761),  or  for  failure  to 
agree  with  his  associates  (760). 

Vacancies. — In  case  of  death,  refusal  to  serve,  re- 
moval from  the  district  (787),  or  vacancy  in  the  office 
of  trustee  by  any  other  cause,  and  no  election  of  a  new 
trustee  by  a  district  meeting  within  a  month  there- 
after, the  commissioner  may,  in  writing,  appoint  a 
competent  person,  to  serve  until  the  next  annual 
meeting  (vii.  29  ;  192). 


30  TRUSTEES:  POWERS  OF 

Other  vacancies. — Trustees  may  fill  vacancies  in 
other  district  offices  by  appointment  (vii.  31). 

NOTE. — Every  appointment  to  fill  a  vacancy  made  by  the  commlsoner  or 
trustees,  is  to  be  filed  at  once  with  the  district  clerk,  who  shall  immediately 
notify  the  person  appointed  (vii.  32). 

Board  meetings. — Any  trustee  may  call  a  meeting 
of  the  board  by  giving  the  others  at  least  24  hours' 
notice  (vii.  45). 

NOTE.— When  all  have  been  notified  and  two  only  meet,  these  two  have 
the  powers  of  all  three  (vii.  45).  Where  there  is  a  vacancy,  the  two  have  the 
powers  of  all  three,  and  if  there  are  two  vacancies,  the  remaining  trustee 
has  the  powers  of  all  three  (vii.  46).  But  the  acts  of  a  majority  are  illegal 
when  performed  without  notifying  or  consulting  all  three  (Sup't  Morgan, 
Nov.  1C,  1848).  See  h2S,  bkl,  5kS,  569,  713-719,  727,  743. 

Powers  and  duties. — The  trustees  shall : 

(1)  Call  special  meetings  when  needed  (vi.  47.  1 ; 
183}. 

(2)  In  the  absence  of   the  clerk,  give  notice   of 
meetings  (vii.  47.  2). 

(3)  Make  out  a  tax  list  within  30  days  after  the 
tax  is  voted  by  a  district  meeting  (328-377}. 

NOTE  1.— The  law  is  merely  directory ;  the  tax  list  may  be  made  out 
after  the  30  days  (32S). 

NOTE  2.— The  tax  list  shall  contain  as  a  heading  a  statement  of  the  pur- 
poses for  which  the  different  items  of  the  tax  are  levied  (vii.  47.3, 62). 

NOTE  3.— The  valuation  of  taxable  property  shall  be  ascertained,  so  far 
as  possible,  from  the  last  assessment  roll  of  the  town ;  where  it  cannot  be  so 
determined,  or  where  any  person  shall  claim  a  reduction  of  his  assessment, 
the  trustees  shall  ascertain  the  true  value  of  the  property  from  the  best  evi- 
dence in  their  power,  giving  notice  to  the  persons  interested  and  proceeding 
the  same  as  required  by  law  of  town  assessors  (vii.  64, 65;  50G-508). 

NOTE  4.— Any  person  working  land  under  contract  shall  be  deemed  the 
possessor,  and  any  person  in  possession  of  property  under  contract  to  pur- 
chase shall  be  liable  to  taxation  therefor  (vii.  67).  Every  person  owning  real 
property  who  shall  improve  and  occupy  the  same  by  his  agent  or  his  servant 
shall  be  considered  a  taxable  Inhabitant  of  the  district  (vii.  68).  A  tenant 


TAXATION  31 

may  charge  back  to  the  owner  the  district  tax  for  schoolhouse  property 
(vii.  69). 

NOTE  5.—  Lands  of  non-residents  liable  to  taxation  In  the  district,  not 
occupied  by  a  tenant  or  Improved  by  'the  owner,  his  agent,  or  servant,  are 
to  be  assessed  as  non-resident,  and  a  description  thereof  entered  on  the  tax- 
list  (vii.  63,  71). 

NOTE  6.  —  In  making  out  a  tax  list  where  districts  have  more  than  one 
trustee,  all  of  them  must  be  notified  In  order  to  meet  and  act  together  in 
determining  the  assessments:  without  such  notice  a  tax  list  is  invalid. 
Sup't  Van  Dyck—  1849  ;  662  .) 

NOTE  7.—  When  trustees  make  an  original  assessment  for  a  school  tax,  a 
20  days'  notice  to  the  parties  affected  is  required  before  the  delivery  of  the 
tax  list  and  warrant  to  the  collector  (680). 

NOTE  8.—  When  a  person  appears  before  the  trustees  at  the  proper  time 
and  place  to  claim  a  reduction  in  an  original  assessment  made  by  the  trus- 
tees, it  is  the  duty  of  such  trustees  to  examine  the  person  under  oath,  and  to 
correct  the  assessments  if  they  appear  to  be  erroneous  (CS4). 

NOTE  9.—  The  tax  list  may  be  amended  and  corrected,  with  consent  of 
the  superintendent  (vii.  84). 

Limit  to  tax  for  building.  —  No  tax  exceeding  $500, 
voted  by  a  district  meeting  for  building,  hiring,  or 
purchasing  a  ,  schoolhouse,  shall  be  levied  by  the 
trustees  without  the  written  approval  of  such  larger 
sum  by  the  commissioner;  and  no  schoolhouse 
shall  be  built  in  any  district  until  the  plan  of  such 
schoolhouse,  so  far  as  ventilation,  heat,  and  light- 
ing is  concerned,  shall  be  approved  in  writing  by 
the  commissioner.  But  nothing  herein  contained 
shall  invalidate  any  tax  levied  for  building  and 
repairing  schoolhouses  which  in  other  respects  com- 
ply with  existing  statutes  (vii.  17  ; 


NOTE  1.—  Except  in  New  York  city  and  Brooklyn,  all  school  buildings 
more  than  two  stories  high  must  have  outside  stair-cases  (vii.  49). 

NOTE  2.—  A  taxable  inhabitant  who  has  been  within  four  years  set  off 
from  another  district  without  his  consent,  and  who  has  within  that  period 
paid  into  that  district  a  tax  for  building  a  schoolhouse  shall  be  exempted 
from  paying  tax  for  building  a  schoolhouse  (vii.  70). 


32  TRUSTEES  :    POWERS   OP 

Unfit  schoolhouses. — The  school  commissioner 
alone  has  the  power  to  condemn  a  schoolhouse  and 
school  furniture  when,  in  his  judgment,  it  is  unfit 
for  use  and  not  worth  repairing.  When  the  order 
reciting  the  reasons  for  this  action,  with  a  statement 
of  the  cost,  not  to  exceed  $800,  of  such  new  build- 
ing as  is  required,  has  been  received  by  the  trustees, 
they  must  immediately  call  a  special  meeting  to  con- 
sider the  question  of  rebuilding  (v.  13.  4 ;  265,  629- 
637\ 

NOTE  1.— The  meeting  shall  have  no  power  to  reduce  the  commissioner's 
estimate  of  cost  more  than  25  per  cent,  and  where  no  tax  shall  have  been 
voted  by  the  district  within  30  days  from  the  time  of  the  first  meeting  held 
to  consider  the  question,  the  trustees  shall  contract  for  the  building  of  a 
schoolhouse  to  cost  not  more  than  the  estimate  of  the  commissioner  and 
not  to  exceed  25  per  cent  less,  and  levy  a  tax  to  pay  for  the  same  (v.  13.  4). 

NOTE  2.— A  district  cannot  be  compelled  to  rebuild  where  the  school- 
house  has  been  destroyed,  but  the  district  may  be  annulled  (059). 

(4)  Annex  to  the  tax-list  a  warrant  directed  to 
the  collector.     See  page  26. 

NOTE — Within  15  days  after  the  tax-list  and  warrant  are  returned  by  the 
collector,  they  must  file  the  same  with  town  clerk  (vii.  89). 

(5)  Purchase  or  lease  a  site  for  the  schoolhouse. 
See  page  23. 

NOTE.— Trustees  are  the  only  legal  authority  by  which  the  vote  of  a  dis- 
trict can  be  carried  into  execution,  and  have  sole  power  of  making  contracts 
and  of  accepting  work  done  (G32,  745). 

(6)  Have  custody  of  the  school  property  (vii.  47.  6  ; 
266). 

NOTE  1.— They  may  permit  the  schoolhouse  to  be  used  for  instruction 
in  learning,  or  in  music  (vii.  5x1);  and  must  allow  it  to  be  used  for  teachers' 
institutes  or  for  teachers'  examinations,  when  requested  by  the  commis- 
sioner (v.  16 ;  x.  31).  But  they  must  not  allow  it  to  be  used  for  temjjerauce 
meetings  (C.W) ,  and  should  use  discretion  in  opening  it  for  religious  meetings  ; 
no  use  should  be  permitted  likely  to  occasion  controversy  (267). 


EMPLOYMENT    OF    TEACHERS  33 

NOTE  2.— The  trustees  are  especially  directed  to  take  care  of  the  code  of 
public  instruction,  and  deliver  it  to  their  successors  (xv.  12). 

(7)  Insure  the  school  property  (vii.  47.  7  ;  266). 
See  also  vii.  14. 

(8)  Insure  the  school  library  (vii.  47.  8). 

(9)  Employ  teachers  as  needed  (vii.  47.  9  ;  744)- 
Qualified  teachers. — No  school  moneys  or  money 

raised  by  tax  may  be  paid  to  a  teacher  who  is  not  18 
years  old,  and  who  does  not  hold  either  (a)  a  nor- 
mal diploma,  (6)  a  State  certificate,  (c)  a  college 
certificate,  (d)  a  uniform  certificate,  or  (e)  a  tempor- 
ary license  (vii.  38 ;  i.  10  ;  378-394,  709,  732}. 
Any  trustee  paying  public  money  to  an  unqualified 
teacher  commits  a  misdemeanor,  and  any  fine 
imposed  upon  him  shall  be  for  the  benefit  of  the 
district  (vii.  39,  40). 

NOTE.— The  teacher's  license  may  be  annulled  for  wilful  failure  to  attend 
institute  (x.  6),  for  refusal  to  fulfil  a  contract  (vii.  47.  9),  for  immorality  (v. 
13.  6),  or  for  incompetency  (602-CSS,  702).  The  contract  then  ceases  (712). 
The  teacher  may  be  discharged  at  any  time  on  failure  to  produce  certificate 
(735). 

Not  limited  by  the  wishes  of  the  district. — Trustees 
may  hire  whom  they  choose  for  teacher,  and  pay  such 
wages  as  they  may  see  fit,  with  no  power  by  the 
district  or  vote  of  a  district  meeting  to  restrain  them 
(728) ;  however,  the  wishes  of  the  inhabitants  should 
not  be  disregarded  (715). 

A  sole  trustee  has  all  the  powers  of  a  board  of 
three  trustees  (vii.  44). 

NOTE.— Hence  he  can  now  employ  a  teacher  for  the  ensuing  year  in 
advance  of  the  school  meeting,  a  power  not  conferred  by  the  old  law. 


34  TRUSTEES  :    POWERS   OF 

Relations]^. — Trustees  shall  employ  as  teacher 
in  a  district  school  no  one  who  is  related  by  blood 
or  marriage  to  any  such  trustee,  except  with  the 
approval  of  two-thirds  of  the  voters  present  and 
voting  upon  the  question  at  an  annual  or  special 
meeting.  Nor  shall  the  trustees  of  any  district  hire 
a  teacher  for  more  than  a  year  in  advance.  Any 
person  employed  in  disregard  of  these  provisions 
shall  have  no  claim  for  wages  against  the  district, 
but  may  enforce  the  contract  made  against  the 
trustees  consenting  to  such  employment,  (vii.  47.9). 

NOTE  l.—Relationsfiip  to  trustees.— Where  the  district  has  three  trustees, 
a  relative  of  any  one  of  them  cannot  be  hired  by  the  other  two  unless  a 
meeting  of  the  district  approve  of  it  by  a  two-thirds  vote  (721). 

NOTE  2.— The  law  formerly  made  the  limit  of  relationship  two  degrees 
(395-599),  but  the  amended  law  makes  no  limit  as  to  relationship  and  it  is  to 
be  construed  literally.  The  trustee  cannot  hire  a  teacher  who  is  related 
to  him  in  any  degree— (Letter  of  Sup't  Crooker,  Aug.  15, 189V). 

NOTE  3.— The  prohibition  regarding  the  employment  of  a  relative  as  a 
teacher  now  applies  to  union  schools,  but  may  be  waived  upon  consent  in 
writing  of  two-thirds  of  the  members  of  the  board  of  education  (viii.  11). 

NOTE  4.— Relationship  by  marriage  ceases  upon  the  death  of  the  wife  or 
husband. 

(10)  Make  with  teachers  employed  a  written  con- 
tract, with  stipulation  that  wages  shall  be  paid 
monthly  (vii.  47.  10  ;  xv.  17, 18  ;  395,  400,  4.05,  722.} 

NOTE  1.— A  contract  with  a  teacher  shall  not  be  made  for  a  shorter 
time  than  10  weeks,  or  for  more  than  one  year  in  advance  (vii.  47.9  ;  735). 

NOTE  2.— Any  failure  on  part  of  the  teacher  to  complete  an  agreement 
to  teach  without  good  reason  will  be  deemed  sufficient  ground  for  revoking 
the  certificate  (vii.  47.9), 

NOTE  3.— The  contract  may  be  annulled  if  the  teacher  close  school  upon 
any  school  day  (731). 

NOTE  4.— If  a  teacher  gives  up  his  school  because  the  trustees  will  not 
sustain  him  in  enforcing  reasonable  rules,  he  may  recover  wages  for  the 
time  taught  (703).  It  is  the  duty  of  the  trustees  if  they  learn  that  serious 


DISMISSAL   OF   TEACHERS  35 

disturbance  at  school  Is  threatened,  to  warn  the  teacher,  and  to  be  present 
themselves  (733). 

NOTE  5.— Where  the  teacher  gives  up  the  school  voluntarily,  even  at  the 
request  of  the  trustees,  she  can  recover  wages  only  for  the  time  taught  (70i). 
A  teacher  giving  up  the  school  through  sickness  is  to  be  paid  for  the  time 
taught  (723). 

NOTE  G.— When  a  teacher  finds  the  schoolhouse  locked  against  him,  and 
without  applying  to  the  trustee  goes  away  without  making  demand'  till 
15  days  afterward  for  opportunity  to  continue,  he  is  held  to  have  abandoned 
his  contract  (705). 

NOTE  7.— If  the  school  is  closed  during  his  term  through  fear  of  an 
epidemic,  the  teacher  is  entitled  to  wages  for  the  time  (710)  ;  and  if  extra 
weeks  are  taught,  to  extra  wages  for  the  extra  time  (70S).  The  teacher 
cannot  be  compelled  to  teach  an  extra  week  to  make  up  for  the  institute 
(711),  and  all  holidays  are  allowed  him  without  loss  of  wages  (719). 

NOTE  8.— A  contract  for  a  year  includes  the  two  months  of  vacation  (707); 
but  during  these  months  the  teacher  may  teach  another  school  or  otherwise 
employ  his  time  (710). 

NOTE  9. — When  the  contract  states  that  it  shall  continue  as  long  as  the 
teacher  keeps  a  good  school,  if  the  teacher  is  discharged  it  is  for  him  to 
prove  that  he  kept  a  good  school  (723,  726,  739). 

Dismissal  of  teachers. — The  annulment  of  the 
license  dissolves  all  contracts  entered  into  by  virtue 
of  its  sanction,  but  until  the  license  is  revoked,  the 
trustees  are  not  bound  to  retain  a  teacher  obnox- 
ious to  the  district  through  immorality,  ignorance, 
or  inefficiency  (729-734}. 

NOTE.— This  would  be  subversive  of  the  principles  already  enunciated  as 
pertaining  to  the  essential  nature  of  contracts.  It  cannot  be  supposed  that 
in  case  a  charge  of  gross  immorality,  specifically  urged,  carrying  with  it  a 
strong  presumption  of  its  truth,  were  brought  against  a  teacher,  the  trustees 
must  wait  for  the  tedious  delay  of  a  formal  hearing  before  a  commissioner, 
and  abide  the  event  which  may  be  determined  through  insufficiency  of  evi- 
dence, while  the  moral  conviction  of  the  truth  of  the  charges  preferred  is 
still  strong  and  abiding.  The  presence  among  pupils  of  a  teacher  against 
whom  such  suspicion  should  rest,  must  of  itself,  from  the  suggestions  to 
which  it  would  give  rise,  promote  conditions  of  mind  opposed  to  the  develop- 
ment of  virtue  and  purity  of  the  heart. 

This  consideration  alone  would  justify  the  trustees  in  a  summary  dis- 
missal of  the  teacher.  This,  to  be  sure,  is  an  extreme  case,  but  it  is  sufficient 
to  illustrate  and  to  establish  the  principle  advanced,  that  the  trustees  may 


36  TRUSTEES  :    POWERS   OF 

be  justified  in  the  discharge  of  a  teacher  before  the  close  of  the  term 
specified  in  his  contract.  In  determining  what  constitutes  such  justification, 
it  is  difficult,  not  to  say  impossible,  to  establish  uniform  rules  (730). 

The  power  to  dismiss  the  teacher  rests  with  the 
trustees.  For  an  abuse  of  their  discretion,  or  an 
unwarranted  exercise  of  their  authority,  they  are  of 
course  responsible.  On  complaint  of  the  person 
sustaining  what  he  considers  a  grievance  or  wrong, 
the  issue  becomes  one  of  fact,  and  it  devolves  upon 
the  trustees  to  show  by  evidence  that  the  teacher 
lacked  the  character,  the  ability,  or  the  will  essential 
to  a  proper  discharge  of  his  duties,  and  that  he 
failed  thus  to  fulfil  the  obviously  implied  conditions 
of  his  contract  (730). 

NOTE. — The  mere  fact  of  dissatisfaction  on  their  part,  or  that  of  the  in- 
habitants, is  not  sufficient  to  justify  the  discharge  of  a  teacher  employed  for  a 
definite  period.  The  tribunal  before  whom  the  action  is  brought,  as  a  court, 
a  jury,  or  the  superintendent,  are  the  constituted  judges  of  fact,  and  will 
determine,  from  the  evidence  presented,  whether  the  incompetence  of  the 
teacher,  as  resulting  from  ignorance  or  indifference,  is  fully  proved,  and 
hence  his  discharge  upon  the  ground  of  a  violated  contract  clearly  justified. 

In  the  case  here  presented,  the  trustees  offer  evidence  bearing  upon  the 
management  and  general  deportment  of  the  appellant  in  the  school-room, 
and  his  intercourse  with  his  pupils,  tending  to  show  disregard  cf  the  proper- 
ties and  courtesies  incident  to  his  position.  Trifling  and  irrelevant  conversa- 
tion^ oft  indulyed  and  long  continued  ivith  pupils  in  school  hours ;  prying  and 
impertinent  questions  in  regard  to  domestic  affairs;  low,  and  at  the  least  sug- 
gestively vulgar,  remarks  to  the  older  ftmale  pupils ;  rude,  boisterous,  and  harsh 
language,  as  a  means  of  or  substitute  for  discipline,  are  alleged  and  proved  by 
the  testimony  of  his  pupils,  with  a  circumstantial  minuteness  that  requires 
emphatic  denial  or  plausible  explanation  to  invalidate  or  palliate. 

The  appellant  has  failed  to  meet  the  issue.  It  is  proper  and  just  to 
remark,  that  the  justification  of  the  trustees  does  not  proceed  from  any 
alleged  or  proved  inability  or  immorality  of  the  appellant ;  his  literary  qual- 
ifications and  his  moral  character  stand  unimpeached,  and,  it  is  to  be  hoped, 
unimpeachable.  But  his  inefficiency  appears  to  have  been  the  result  of  gross 
negligence  and  indifference— a  debilitated  will,  rather  than  of  inherent  de- 
pravity or  defective  scholarship,  a  fault  which  is  earnestly  hoped  the  whole- 
some practical  discipline  of  this  experience  will  serve  to  eradicate. 


RULES :    ATTENDANCE  37 

Under  the  view  of  the  case  as  above  presented,  therefore,  I  must  decline 
to  Interfere  with  the  action  of  the  trustees,  and  hold  that  they  have  pre- 
sented a  sufficient  justification  therefor  (730). 

The  teacher  may  be  dismissed  for  unjustifiable  severity  of  punishment 
(7S2).  but  not  for  mere  difference  of  opinion  from  the  trustee  as  to  disci- 
pline (732). 

(11)  Establish  school  regulations  and  courses  of 
study  (vii.  47.-11). 

The  principal  regulations  are  the  following  : 
(a)  ATTENDANCE. — The  schools  are  free  to  all  per- 
sons over  5 'and  under  21  years  of  age  residing  in 
the  district  (vii.  36). 

If  there  be  a  free  kindergarten  legally  established,  children  over  4  years 
are  counted  as  of  school  age.  Otherwise  the  apportionment  is  made  upon 
the  attendance  of  children  of  from  5  to  18  years  (ii.  13.6  ;  264:  1896). 

Children  of  school  age,  in  the  trustee's  report,  in- 
clude all  children  over  5  and  under  21  years  of  age, 
who  on  the  30th  of  June  last  preceding  the  date  shall 
have  been  actually  in  the  district,  comprising  a  part 
of  the  family  of  their  parents,  guardians,  or  employ- 
ers, residing,  even  but  temporarily,  in  the  district : 
but  not  including  the  children  of  a  family  residing 
in  another  district  in  which  such  children  may  be 
by  law  included  in  the  report  of  its  trustees  ;  nor 
any  children  supported  at  a  county  poor-house  or 
orphan  asylum,  nor  any  Indian  children  on  reser- 
vations provided  with  separate  schools  (vii.  36,  37, 
60  ;  207,  209,  605,  608-611). 

NOTK  1.— As  a  general  rule,  if  the  child  whose  parents  or  guardians  live 
out  of  the  district  is  residing,  even  if  temporarily,  in  the  district  in  good  faith 
and  not  to  avoid  the  payment  of  tuition,  such  child  should  be  enumerated  ; 
otherwise  in  the  district  where  its  parents  or  guardians  reside.  Children 
visiting  or  boarding  are  to  be  enumerated  where  they  permanently  reside. 
(1886— Sup't  Morrison.) 


38  TRUSTEES  :  POWERS  OF 

NOTB  2.—  Non-resident  puplla  may  be  admitted  Into  school  upon  written 
consent  of  the  trustees  upon  such  terms  as  the  trustees  prescribe  (vIL  36  ;  603- 
605).  When  so  admitted,  the  teacher  may  not  refuse  to  Instruct  them  (60k). 

NOTE  3.—  Colored  children  must  be  admitted. 

NOTE  4.—  Fines  cannot  be  Imposed  upon  pupils,  and  attendance  suspend- 
ed tin  paid  (601). 

Suspension  and  expulsion.  —  Trustees  may  expel 
pupils  for  open,  gross  immorality  manifested  by  any 
licentious  propensities,  language,  manners,  or  habits, 
though  not  manifested  by  acts  of  licentiousness,  or 
immorality  within  the  school,*  or  for  such  violent 
insubordination  against  reasonable  and  proper  regu- 
lations of  the  school  as  to  render  it  impossible  to 
maintain  necessary  discipline  and  order,  or  when  in 
their  judgment  the  good  order  and  proper  govern- 
ment of  the  school  demands  it  (770). 

Suspension  for  tardiness.  —  In  1853,  the  superinten- 
dent decided  that  ''teachers  have  the  right  to  close 
the  doors  of  their  school-room  against  all  pupils  who 
may  claim  admission  fifteen  minutes  after  the  time 
of  opening  the  school  "  (Decision  No.  1687).  Later 
decisions  have  ruled  that  the  teacher  should  not 
keep  tardy  pupils  in  the  entry,  especially  in  cold 
weather 


NOTE—  In  Wisconsin,  the  superintendent  decides  that  "  to  lock  the  door 
against  tardy  pupils,  say  at  ten  o'clock,  is  of  doubtful  propriety.  The 
schoolhouse  is  a  public  place.  The  tardiness  may  not  be  the  fault  of  the 
child.  It  might  be  a  serious  discomfort  to  the  child  to  be  turned  back  home. 
Let  the  school  be  made  attractive.  "  And  again:  "  Tardiness  is,  of  course  , 
a  great  annoyance.  It  is  difficult  to  say  how  far  the  courts  would  sustain 
rules  excluding  pupils  from  school  for  being  late.  It  is  doubtful  whether  it 

*  38th  Mass.  Report,  p.  159. 
tSee  also  111.  a">6,  553  :  87  111.  303. 


RULES  :    ABSENCE   AND   TARDINESS  39 

Is  good  policy  to  turn  tardy  scholars  Into  the  street,  perhaps  to  get  Into 
mischief ;  perhaps  to  suffer  from  cold,  from  waiting  outside ;  certainly  to 
lose  more  time.  Persuasion,  attractive  lessons  in  the  morning,  an  attractive 
school,  privation  of  recesses,  final  degradation  to  a  lower  class  if  all  fails, 
would  perhaps  be  better  remedies."—  Wls.  Journal  of  EtTn,  1877,  p.  125. 

Suspension  for  absence. — In  1875  the  board  of 
education  of  Honiellsville,  N.  Y.,  adopted  a  rule 
that  in  every  case  of  absence  of  a  pupil  for  more 
than  five  days  during  any  term  for  any  other  cause 
than  sickness  or  death  in  the  family,  or  religious 
observance,  the  absentee  should  be  suspended  until 
the  beginning  of  the  next  term.  Its  legality  being 
questioned,  the  superintendent  replied  : 

Under  the  provisions  of  the  law  cited  in  your  letter  of  the  19th 
inst.,  your  board  of  education  possesses  the  power  to  suspend 
pupils  from  school  for  causes  which  seem  to  merit  such  treatment. 
In  my  judgment,  however,  it  would  be  unwise  to  enforce  strictly 
the  rule  referred  to  in  your  letter.  The  object  and  intention  of 
the  law  is  to  get  pupils  into  the  schools — not  to  keep  them  out. 

In  another  case  the  same  superintendent,  Mr.  Gil- 
mour,  went  still  further. 

Among  the  regulations  of  District  No.  2,  Elling- 
ton, was  this : 

Any  scholar  absenting  himself  from  any  examination  or  part 
thereof,  appointed  by  the  teachers,  without  necessity  duly  certi- 
fied beforehand,  either  by  himself  or  his  parent  or  guardian,  shall 
not  be  admitted  to  the  school  afterwards,  except  by  permission 
of  the  board  and  the  approval  of  the  principal. 

On  Feb.  4,  1875,  before  the  written  examination, 
the  mother  of  three  boys  asked  by  written  note  that 
they  be  excused  from  the  last  days  of  the  term,  and 
withdrew  them  from  the  school.  On  the  opening 


40  TRUSTEES  :  POWP:RS  OF 

of  the  next  term,  the  three  boys  were  refused  admis- 
sion under  the  above  rule,  the  note  not  being 
accepted  as  a  sufficient  compliance  with  the  regula- 
tion. This  was  over-ruled  by  Sup't  Gilmour,  who 
decided  that  boards  of  education  have  no  right  to 
make  any  regulation  under  which  children  are 
liable  to  perpetual  exclusion  from  school  for  an  act 
of  the  parent  (603}. 

This  view  was  carried  still  further  under  Sup't 
Ruggles.  In  September,  1884,  the  St.  Johns ville 
board  of  education  established  the  following  rules  : 

The  principal  and  teachers  of  the  different  rooms  may  suspend 
pupils  under  their  immediate  control  for:  1.  Three  cases  of 
absence,  unless  the  absence  be  caused  by  personal  sickness,  or 
serious  illness  or  death  in  the  family,  or  by  some  pressing  emer- 
gency. But  one  case  of  absence  can  be  counted  in  the  same 
day.  *  *  * 

The  power  of  reinstatement  shall  be  limited  to  the  board  of 
education  or  the  principal.  *  *  * 

Any  pupil  suspended  for  any  cause  shall  not  be  entitled  to  any 
privileges  of  the  school  until  reinstated. 

For  four  such  absences  the  father  of  Clarence 
Sanders  refused  to  give  any  reason  ;  and  on  Nov.  5, 
the  boy  was  suspended,  and  on  presenting  himself 
at  school  the  next  day  was  refused  admission.  His 
father  appealed  to  the  State  department,  which  on 
March  20,  1885,  decided  that  the  boy  must  be  rein- 
stated, on  the  grounds  (1)  that  the  power  of  suspen- 
sion should  not  be  delegated  from  the  board  to  a 
teacher ;  (2)  that  to  require  the  parent  to  state  the 
particular  cause  for  a  child's  absence  or  detention  is 


BULKS  :    ABSENCE    AND   TARDINESS  41 

not  only  unnecessarily  inquisitorial,  but,  logically 
carried  out,  would  permit  the  teacher  or  trustees  to 
pass  judgment  on  the  parent's  exercise  of  authority 
over  his  child. 

This  decision  (reported  in  full  in  the  School  Bul- 
letin for  May,  1885)  caused  wide  and  generally  un- 
favorable comment. 

Superintendent  Draper  took  a  wholly  different 
view,  and  gave  to  the  author  of  this  volume  for 
publication  a  copy  of  the  following  letter,  showing 
the  ground  afterward  taken  by  the  State  depart- 
ment : 

That  the  school  authorities  have  the  power  to  exclude  from  the 
benefits  of  the  schools,  pupils  who  refuse  to  comply  with  reason- 
able regulations  relative  to  attendance,  I  have  no  doubt.  I  con- 
sider a  regulation  to  the  effect  that  a  pupil  who  is  absent  or  tardy 
shall  bring  his  teacher  a  written  excuse  from  his  parent  or  guard- 
ian, to  be  entirely  proper,  and  the  department  will  therefore  sus- 
tain you  in  enforcing  it.  The  letter  addressed  to  one  of  your 
teachers  is  a  highly  improper  and  insulting  one.  If-  this  parent 
persists  in  sending  his  child  to  school  with  irregularity  and  in 
refusing  to  give  any  proper  excuse  for  this  course,  you  will  be 
justified  in  excluding  the  child  altogether. 

The  schools  are  surely  for  the  benefit  of  all  and  all  have  com- 
mon rights  in  them,  but  these  rights  must  not  be  abused  by  any 
individual  to  the  inj  ury  of  others.  If  one  parent  can  maintain 
the  position  which  this  one  assumes,  then  all  can,  and  if  all  can 
then  the  school  system  is  liable  to  utter  over-throw  and  destruc- 
tion. This  of  course  we  cannot  concede.  You  are  advised  to 
notify  the  person  writing  the  letter  which  you  enclose  to  me  of 
the  contents  of  this  communication  ;  to  receive  the  child  into  the 
school  if  the  parent  manifests  a  disposition  to  comply  with  the 
law.  Otherwise  you  will  be  upheld  in  excluding  the  child  in 
question. 


42  TRUSTEES  :    POWERS   OF 

Here  is  a  Missouri  decision  : 

Suppose  rule  11  to  be  inverted,  and  instead  of  reading  as  it 
now  stands  should  read  thus  :  "Any  pupil  is  at  liberty  to  go 
a-flshing  during  school  hours  and  be  absent  a  half  day  or  a  whole 
day  and  as  many  days  as  he  pleases,  provided  he  conducts  him- 
self decently  when  in  attendance  in  school."  And  this  is  the 
point  to  which  the  argument  of  the  plaintiff  tends.  The  pupil, 
it  is  urged,  is  at  liberty  to  be  absent  when  he  pleases,  and  such 
absence  is  a  matter  solely  between  him  and  his  parents.  But  the 
studies  in  our  public  schools  are,  I  presume,  classified  according 
to  the  ages  and  advancement  of  the  scholars  ;  and  the  continued 
or  repealed  absence  of  one  of  a  class  not  only  is  injurious  to  the 
absentee,  but  if  allowed  beyond  a  certain  point  is  calculated  to 
demoralize  those  who  attend,  and  damage  the  orderly  instructions 
of  the  teacher.  Taxes  are  not  collected  to  pay  teachers  to  sit  in 
front  of  empty  benches,  or  to  hunt  up  truant  boys.  Such 
absences,  when  without  excuse,  are  the  fault  of  the  parents, 
whose  business  it  is  to  see  that  the  attendance  of  their  child  is 
regular,  unless  prevented  by  causes  which  will,  of  course,  be  an 
excuse  under  the  rule  now  in  question.* 

Vaccination. — Trustees  and  school  boards  are 
directed  and  empowered  to  exclude  from  the  benefits 
of  the  common  schools  any  child  or  person  who  has 
not  been  vaccinated,  until  such  time  when  they 
shall  become  vaccinated.  (Chap.  xxv.  General 
Laws.) 

NOTE  1. — Free  vaccination.— When  such  school  board  or  trustees  shall 
adopt  a  resolution  to  carry  Into  effect  this  provision,  they  shall  post  in  two 
or  mure  public  places  In  the  district,  at  least  10  days'  notice  thereof,  stating 
that  due  provision  has  been  made  for  the  vaccination  of  any  child  or  person 
of  suitable  age  who  may  desire  to  attend  the  common  school,  and  whose 
parents  or  guardians  are  unable  to  procure  vaccination  for  them.  (Chap. 
xxv.  General  Laws.) 

NOTE  2.— Provisions.— The  trustees  or  board  may  appoint  some  compe- 
tent physician  and  fix  his  compensation  to  be,  with  other  necessary  expen- 
ses, provided  In  the  annual  tax  bill. 

*  71  Mo.  628.    See  also  116  Mass.  3G6 ;  13  Brad.  520. 


RULES  I    THIS  COMPULSORY  LAW  43 

The  Compulsory  law  (xvi)  requires  that : 

(a)  every  child  between  14  and  18  not  regularly  employed,  and 
(6J  every  child  between  8  and  12  shall  be  in  attendance  upon  in- 
struction as  many  days  between  Oct.  1  and  June  1  as  the  public 
school  shall  be  in  session;  and  that  (c)  every  child  between  12 and 
14  shall  attend  school  upon  at  least  80  consecutive  school  days, 
and  in  addition  upon  all  school  days  when  not  usefully  employed, 
and  be  instructed  in  at  least  the  common  branches  of  reading, 
spelling,  writing,  arithmetic,  English  grammar,  and  geography 
(xvi.  3). 

Private  schools. — If  a  child  attends  a  private  school  the  character  of  the 
instruction  and  the  number  of  hours  a  day  shall  be  the  same  as  in  the  pub- 
lic school,  with  no  more  allowance  for  holidays  and  vacations. 

Parents  or  guardians  of  children  between  8  and  16  must  cause  such  chil- 
dren to  attend  school,  or  give  notice  to  the  trustees  of  their  inability  to  do 
so,  under  penalty  of  fine  of  $5  to  $50  and  imprisonment. 

Employers. — It  is  made  unlawful,  under  penalty  of  fine  of  $50,  to  employ 
any  child  between  8  and  12  during  the  time  the  public  school  is  in  session; 
or  to  employ  any  child  between  12  and  14  who  does  not  present  a  certificate 
(rom  the  school  superintendent  or  corresponding  officer  showing  that  the 
child  has  complied  with  the  law  respecting  attendance. 

Attendance  officers.—  Cities  and  union  school  districts  shall  appoint  at- 
tendance officers  to  arrest  children  between  8  and  16  who  are  truants.  In 
other  districts  these  officers  are  appointed  by  the  town  board.  See  page  13. 

Truant  schools.— The  trustees  of  any  district  may  establish  truant 
schools  or  truant  rooms,  and  may  send  there  with  written  consent  of  the 
parents,  or  without  such  consent  upon  conviction,  for  a  period  not  extend- 
ing beyond  the  school  year,  children  between  8  and  16  who  are  habitual  tru- 
ants or  who  are  insubordinate.  Pupils  suspended  for  more  than  one  week 
must  be  committed  to  a  truant  school.  The  school  authorities  in  cities  and 
districts  where  there  is  no  truant  school  may  contract  with  any  other  city  or 
district  having  a  truant  school  for  the  confinement,  maintenance,  and  in- 
struction therein  of  its  truant  children.  Industrial  training  must  be  taught 
in  all  truant  schools.  In  cities  or  villages  the  expense  of  commitment  and 
maintenance  at  a  truant  school  shall  be  a  city  or  village  charge;  in  all 
other  districts  a  county  charge  (606:1896). 

Record  of  attendance.— The  teacher  of  every  school  shall  keep  a  record 
of  children  between  8  and  16,  showing  each  day  of  attendance  by  the  year, 
month,  day  of  the  month,  and  day  of  the  week,  and  the  number  of  hours 
each  day. 

Penalty.— One-half  the  State  moneys  may  be  withheld  from  any  city  or 
district  neglecting  to  enforce  the  provisions  of  this  act. 

(6)  COURSE  OF  STUDY. — Trustees  have  the  power 


44  TRUSTEES:  POWERS  OF 

to  select  the  branches  to  be  taught,  and  to  require 
pupils  to  pursue  them  (605,  606). 

NOTE  1.— Pupils  must  be  instructed  in  physiology  and  hygiene,  witl) 
special  reference  to  the  effects  of  alcoholic  drinks,  stimulants,  and  narcotics 
(vii.  47.  11;  xv.  19).  Instruction  in  manual  training  may  be  prescribed 
(xv.  25),  and  advanced  studies  may  be  introduced  (621).  For  the  course  of 
study  required  in  high  schools,  see  page  60. 

NOTE  2. — Instruction  in  free-hand  drawing  must  be  given  in  all  cities; 
and  in  all  union  schools  districts  unless  excused  by  the  superintendent 
(xv.  21).  Evening  schools  for  this  purpose  may  be  established  when  directed 
by  the  city  authorities,  or  by  district  meeting  (xv.  22).  Vocal  music  may  be 
taught  in  cities  and  in  union  schools  (xv.  23).  Kindergartens  may  be  estab- 
lished in  all  districts  (xv.  24;  264:1896.  See  page  66). 

Text-books. — In  district  schools,  the  text-books  to 
be  used  are  to  be  designated  by  any  annual  meeting 
by  a  two-thirds  vote  of  all  the  legal  voters  present 
and  voting,  and  may  not  be  changed  within  5  years 
except  by  a  three-fourths  vote  of  those  present  and 
voting  at  an  annual  meeting. 

In  union  free  schools,  the  board  of  education 
adopts  the  text-books,  and  no  change  may  be  made 
within  5  years  of  adoption  except  by  a  three-fourths 
vote  of  the  board  (xv.  9,  10). 

Changing  text-books. — Any  person  superseding  a  text-book 
adopted  for  use  in  any  public  school  by  the  board  of  education  in 
cities,  villages,  and  union  free  school  districts,  or  in  other  district 
schools  by  a  two-thirds  vote  of  any  annual  meeting,  within  5 
years  thereafter,  except  on  a  three -fourths  vote  of  such  board  of 
education  or  annual  district  meeting,  shall  be  liable  to  a  penally 
of  not  less  than  §50  nor  more  than  $100,  to  be  sued  for  by  any 
tax  payer  before  any  justice  of  the  peace  for  the  benefit  of  the 
district  (xv.  11). 

Religious  exercises. — In  New  York  it  has  been  uni- 
formly ruled  that  pupils  cannot  be  compelled  to  at- 


RULES  :    COURSE   OF   STUDY  45 

tend  religious  services,  and  that  the  law  gives  no 
authority,  as  a  matter  of  right,  to  use  any  portion  of 
the  regular  school  hours  in  conducting  any  religious 
exercises  at  which  the  attendance  of  pupils  is  made 
compulsory  (618-622}. 

NOTE  1.— Some  places,  like  the  cities  of  Troy  and  Rochester,  have  for- 
bidden any  religious  exercises.  But  in  most  communities  opening  the 
school  with  Bible-reading  and  some  form  of  prayer  is  considered  unobject- 
able  and  desirable. 

It  is  the  rule  of  the  State  department  never  to  interfere  in  this  matter 
unless  some  one  in  the  community  feels  sufficiently  aggrieved  to  appeal  to 
the  superintendent,  in  which  case  the  law  forbidding  religious  exercises  in 
school  hours  is  immediately  enforced. 

NOTE  2.— The  practice  of  the  department  is  the  same  with  regard  to  the 
drawing  of  public  money  by  Catholic  schools.  In  some  cuies  and  villages, 
schools  conducted  by  Sisters  wearing  the  usual  garb  of  their  order  are 
admitted  under  the  public  school  system,  the  teachers  being  examined  by 
local  officers,  and  drawing  pay  from  the  public  funds.  This  the  superinten- 
dent permits  except  where  his  attention  is  officially  called  to  it  by  regular 
appeal,  in  which  case  he  is  obliged  to  decide  that  such  are  not  properly 
public  schools  and  cannot  participate  in  the  public  money  (622-625). 

NOTE  3.— It  has  been  held  that  Catholic  children  could  be  expelled  for 
non-attendance  on  days  when  their  church  compelled  attendance  upon 
religious  exercises  ;*  and  in  1875  a  Hebrew  girl  was  expelled  from  the  Sher- 
win  school,  Boston,  for  not  attending  the  Saturday  sessions.  But  the  mod- 
ern current  of  decisions  is  the  other  way,  and  trustees  are  advised  to  respect 
the  religious  observances  of  their  pupils  so  far  as  the  welfare  of  the  school 
permits. 

(c)  CONDUCT  OF  PUPILS. — According  to  decisions 
in  New  York,  the  authority  of  trustees  over  pupils 
ceases  with  the  close  of  school  and  their  departure 
from  the  school  premises  (602}. 

NOTE  1.— The  rule  in  other  States  is  generally  that  the  authority  of  the 
trustees  is  absolute  on  the  school  premises,  and  concurrent  with  the  parent 
on  the  road  home.t 

NOTE  2. — A  pupil  may  not  be  expelled  for  wearing  her  hair  in  a  way  dis- 
approved of  by  the  trustees  (COS). 

*43Vt.  414. 

1 31  la.  568  :  8  Cush.  1GO  ;  32  Vt.  114, 


46  TRUSTEES  :    POWERS   OF 

(12)  Give  to  teachers  for  their  wages  orders  on 
the  supervisor,  or  on  the  collector  or  the  treasurer 
for  the  public  moneys,  so  far  as  they  are  in  their 
hands ;  and  collect  the  rest  of  the  wages  by  direct 
tax,  but  not  to  exceed  four  months  in  advance  (vii. 
47. 12). 

NOTE  1.— It  is  a  misdemeanor  to  give  an  order  upon  the  supervisor,  col- 
lector or  treasurer  unless  there  shall  be  on  hand  sufficient  moneys  belonging 
to  the  district  to  meet  the  same  (vii.  47. 12, 15). 

NOTE  2.— They  may  raise  this  tax  even  when  it  has  not  been  voted  by  the 
district  (vii.  47. 12). 

NOTE  3.— The  order  can  be  drawn  only  in  favor  of  the  teacher.  If  he 
desires  to  apply  the  proceeds  to  the  payment  of  a  private  debt,  for  board  or 
other  consideration,  he  can  endorse  it  to  his  creditor,  but  it  is  for  him  and 
not  for  the  trustees  to  distribute  his  wages  (400,  704,  707,  70S). 

NOTE  4. — A  contract  compelling  the  teacher  to  board  with  the  trustee 
is  null  and  void  (597). 

NOTE  5. — No  order  shall  be  given  for  wages  till  the  teacher  has  verified 
the  school  report  (vii.  53 ;  h21). 

Payment  of  unqualified  teacher. — Trustees  commit 
a  misdemeanor  by  paying  an  unqualified  teacher 
from  the  public  moneys,  or  moneys  raised  by  dis- 
trict tax,  and  any  fines  imposed  on  them  shall  be 
for  the  benefit  of  the  schools  of  the  county  (vii.  40). 

(13)  Divide  the  public  moneys  into  as  many  por- 
tions as  there  are  terms,  and  raise  the  needed  ad- 
ditional tax  by  terms  (vii.  47.  13). 

(14)  Draw  upon  the  supervisor,  collector,  or  treas- 
urer for  the  school  and  library  money  (vii.  47.  14). 
See  iii.  4. 1,  2. 

(15)  After   having  paid  toward  teachers'  wages 


PAYMENT   OF    TEACHERS  47 

the  public  moneys  applicable,  raise  the  rest  by  tax 
(vji.  47.  15  ;  4.02,  403). 

Allowance. — In  case  a  district  shall  have  been 
excluded  from  its  share  of  the  public  money  by 
omitting  to  make  any  report  (ii.  15),  or  to  comply 
with  any  other  requirements,  if  it  shall  be  shown  to 
the  superintendent  that  such  omission  was  acci- 
dental or  excusable,  he  may  make  such  district  an 
equitable  allowance  (ii.  8). 

Loss  of  school  money. — The  loss  of  any  school 
moneys  to  a  district  through  wilful  neglect  of  duty 
by  any  school  officer,  renders  such  person  liable  for 
the  whole  amount  with  interest  (xv.  1). 

(16)  Call  special  meetings,  when  requested  by  a 
respectable  number  of  inhabitants  (565-568,  584, 
742,  743}. 

(17)  Sue  for  and  recover  any  moneys  in  the  hands 
of  any  former  trustees  and  apply  the  same  to  the  use 
of  the  district  (vii.  58). 

(19)  Outbuildings. — They  shall  provide  at  least  two 
suitable  water-closets  or  privies  for  every  school  under 
their  charge,  entirely  separated  from  each  other,  and 
having  separate  means  of  access ;  the  approaches 
thereto  shall  be  separated  by  a  substantial  close 
fence  not  less  than  7  feet  in  height  (vii.  48  ;  269}. 

HOTB  1.— It  Is  the  duty  of  such  officers  to  keep  these  buildings  In  a  clean 
and  wholesome  condition  j  and  if  they  fail  to  comply  with  these  require- 
ments, it  shall  be  sufficient  ground  for  their  removal  from  office,  and  the 
withholding  from  the  district  of  any  share  of  the  public  money  (v«.  4g). 


48  TRUSTEES  :    POWERS    OF 

NOTE  2.— Any  tax  to  provide  for  the  expenses  thereof  may  be  levied 
without  a  vote  of  the  district  when  such  expense  shall  have  been  approved 
by  the  school  commissioner  (vii.  48).  The  expense  for  the  erection  of  neces- 
sary out-buildings  when  the  district  is  unprovided  with  them,  and  the  com- 
missioner or  superintendent  has  directed  that  they  be  built,  is  limited  after- 
ward to  $50  (vii.  50).  But  no  limit  is  placed  to  the  expenditure  to  abate 
nuisances  under  direction  of  the  commissioner  (vii.  50). 

(19)  Purchase  of  apparatus. — Trustees  may  expend, 
without  a  vote  of  the  district,  a  sum  not  to  exceed 
$50  a  year  for  necessary  and  proper  repairs  of  the 
schoolhouse ;  and  a  sum  not  to  exceed  $25  a  year 
for   a   dictionary,  maps,   globes   and   other   school 
apparatus  (vii.  50  ;  193}. 

NOTE.— Trustees  may  also  provide  fuel,  stoves,  or  other  heating  appa- 
ratus, pails,  brooms,  etc.,  when  not  voted  by  the  district  (vii.  50). 

(20)  Libraries. — The    trustees    shall    appoint    a 
teacher  of  the  schools  under  their  charge  as  libra- 
rian, who  with  the  trustees  shall  be  responsible  for 
the  safety  and  proper  care  of  the  books,  and  make 
such  reports  as  the  superintendent  requires  (xiii.  2). 

NOTE.— Any  books  or  other  library  property  which  have  not  been  in 
direct  charge  of  a  librarian  duly  appointed  within  one  year  may  be  taken 
and  shall  be  hereafter  owned  by  any  public  library  under  State  supervision 
which  has  received  permission  from  the  regents  (xiii.  6). 

No  portion  of  the  library  money  (see  page  11) 
shall  be  expended  except  for  books  approved  by  the 
superintendent :  which  shall  consist  of  (a)  reference 
books  for  use  in  the  schoolroom  ;  (6)  suitable  sup- 
plementary reading  books  for  children ;  (c)  books 
relating  to  branches  being  pursued  in  the  school ; 
or  (d)  pedagogic  books  as  aids  to  teachers  (xiii.  1). 

NOTE  1.— All  districts  may  raise  money  by  tax  for  their  libraries,  or 
receive  gifts  or  bequests  to  maintain  them  (xiii.  4). 


LIBRARIES  49 

NOTE  8.— It  is  not  necessary  that  the  approval  of  the  superintendent  be 
secured  before  the  purchase  of  the  books,  but  the  books  must  be  su'  h  as 
he  Is  likely  to  approve  of.  A  list  of  suitable  books  may  be  obtained  from 
the  publisher  of  this  volume,  or  from  the  superintendent. 

The  library  is  to  be  a  part  of  the  school  equip- 
ment and  kept  in  the  school  building  at  all  times ; 
but  teachers,  school  officers,  and  pupils  may  borrow 
not  more  than  one  at  a  time  of  the  volumes  not 
needed  for  reference,  and  keep  the  same  not  to 
exceed  two  weeks  (xiii.  2). 

NOTE.— The  board  of  education  in  a  city  or  union  free  school  district,  or 
the  school  meeting  in  an  ordinary  district  may  give  all  its  books  to  any 
township  or  other  free  public  library  under  State  supervision,  provided  it  is 
free  to  such  city  or  district  (xiii.  5). 

(21)  Branch  schools. — Whenever   necessary,    the 
trustees  may  open  branch  schools  at  the  expense  of 
the  district  (vii.  50  ;  598\ 

(22)  Contracts  with  city  schools. — Trustees  may  be 
empowered  by  majority  vote  of  the  district  to  make 
written  contract  with  the  board  of  education  of  any 
adjoining  union  school  to  permit  the  children  of 
such  district  to  be  taught  in  the  schools  of  such  union 
school. 

Such  district  shall  receive  its  district  quota(xv.  141.  Seepage24. 

They  may  also  be  empowered  to  provide  for  the 
conveyance  of  children  to  such  union  school  (2(34, 
1896). 

(23)  Records. — The  trustees  shall  keep  in  a  blank 
book  a  record  of  all  movable  property  belonging  to 
the  district,  and  their  accounts  of  money  received 
and  expended.     In  another  the  teachers  shall  keep  a 
record  of  all  the  pupils  attending  school,  their  ages, 
etc.,  and  until  the  teacher  has  verified  the  entries  by 


50  UNION   FREE   SCHOOLS 

oath  the  trustees  shall  not  give  an  order  for  wages 
(vii.  53 ;  4.27). 

The  teacher  is  responsible  for  the  register,  and  must  make  affi- 
davit, and  may  make  affidavit  before  school  commissioner  or  dis- 
trict clerk.  See  page  122. 

Payment  to  themselves.— Trustees  cannot  receive  pay 
for  their  services  (750),  and  must  not  employ  them- 
selves as  teachers  (74-h  765). 

They  may  not  receive  pay  for  services  as  workmen  for  the 
district,  since  they  would  thereby  place  themselves  in  position  to 
act  officially  with  personal  bias  (D.  3753,  3897,  4039).  See  8.  B. 
xv.  104,  105.  They  may  employ  a  person  to  do  the  clerical  work 
in  making  out  the  tax -list  (756). 

(24)  Reports. — Shall,  on  the  1st  day  of  August  in 
each  year,  make  in  writing  a  report  to  the  school 
commissioner,  and  deliver  the  same  to  the  town  clerk 
(vii.  59  ;  203-215,  763). 

Shall  also  once  a  year  make  full  reports  to  the  district  (vii.  53, 
55  ;  203-215,  763) ;  and  when  their  office  expires  pay  to  their  suc- 
cessors all  unexpended  district  moneys  (vii.  56).  Shall  transmit 
amount  of  bonded  indebtedness  to  clerk  of  board  of  supervisors 
on  or  before  Nov  1  (274:1895). 

Failure  to  make  report. — Any  trustee  refusing  or 
neglecting  to  render  an  annual  account  of  moneys 
received  and  paid  shall  forfeit  any  unexpired  term 
of  office,  and  become  liable  to  the  trustees  for  any 
district  moneys  in  his  hands  (vii.  57). 

UNION   FREE   SCHOOLS 

Establishment. — When  15  persons  entitled  to  vote 
at  any  district  meeting  shall  sign  a  call  for  a  meet- 
ing to  determine  the  establishment  of  a  union  free 
school  in  the  district,  it  shall  be  the  duty  of  the  trus- 


FORMATION  51 

tees  within  10  days  after  the  call  shall  be  presented 
to  them  to  give  such  public  notice  as  is  required  by 
law  that  a  meeting  of  the  inhabitants  will  be  held 
for  such  purpose  at  a  suitable  place,  and  at  a  time 
not  less  than  20  nor  more  than  30  days  thereafter 
(viii.  1). 

Union  meeting. — When  15  such  persons  from  each 
of  two  or  more  adjoining  districts,  shall  unite  in  a 
call  for  a  meeting  of  the  inhabitants  of  such  districts, 
to  determine  whether  the  districts  shall  be  consoli- 
dated by  the  establishment  of  a  union  free  school 
therein,  it  shall  be  the  duty  of  the  trustees  of  those 
districts,  or  a  majority  of  them,  to  give  the  notice  as 
above  for  a  meeting  to  be  held  within  the  districts 
at  some  convenient  place  (viii.  4  ;  776—780). 

NOTE  1.— When  such  district  corresponds  wholly  orln  part  with  an  incor- 
porated village,  the  notice  shall  be  published  once  a  week  for  3  consecutive 
weeks  before  the  meeting  in  all  the  newspapers  in  the  district,  and  at  least 
5  copies  shall  be  posted  conspicuously  in  said  district  80  days  prior  to  the 
meeting  (viii.  2). 

NOTE  2.— In  other  districts  the  notice  shall  be  thus  posted,  and  the  trus- 
tees shall  require  some  taxable  inhabitant  to  notify  every  other  taxable 
inhabitant  (viii.  2). 

NOTE  3.— The  expense  of  these  notices  shall  be  borne  by  the  district  If 
the  union  free  school  is  established,  but  if  not,  by  the  inhabitants  signing  the 
call  Mil.  3). 

NOTE  4.— The  qualifications  of  voters  are  the  same  as  at  district  meetings 
(vii.  11 ;  viii.  a  See  page  20.) 

NOTE  5.—  When  one  or  more  districts  adjoin  a  union  free  school  district 
whose  limits  do  not  correspond  with  those  of  an  Incorporated  village  or  city, 
the  commissioner  may  upon  written  consent  of  the  trustees  of  all  the  dis- 
tricts affected  dissolve  such  district  or  districts,  and  annex  the  territory  to 
the  union  free  school  district  (viii.  30). 

Election  of  trustees. — Whenever  any  such  meeting, 
or  any  adjournment  thereof  for  a  period  not  longer 


52  UNION   FREE   SCHOOLS 

than  10  clays  from  a  previous  meeting,  at  which  not 
less  than  15  persons  entitled  to  vote  thereat  shall,  by 
the  affirmative  vote  of  a  majority  present  and  voting, 
determine  to  establish  a  union  free  school  in  said 
district,  it  shall  be  lawful  for  such  meeting  to  pro- 
ceed to  the  election  by  ballot  of  not  less  than  3  nor 
more  than  9  trustees,  in  place  of  the  existing  trus- 
tees, whose  terms  shall  cease  when  the  others  assume 
office,  for  a  board  of  education  (viii.  5). 

NOTE  1.— Copies  of  the  call  for,  and  the  minutes  of  meetings,  duly  certi- 
fied by  the  chairman  and  secretary  thereof,  shall  be  by  them  transmitted 
to  and  deposited  with  the  town  clerk,  the  school  commissioner,  and  the 
superintendent,  respectively  (viii.  5). 

NOTE  2.— If  it  shall  be  decided  not  to  establish  a  union  free  school,  no 
other  meeting  for  such  purpose  shall  be  called  within  a  year  thereafter. 
Nor  shall  a  union  free  school  district  thus  formed  be  dissolved  within  the 
period  of  one  year  from  the  first  Tuesday  of  August  following  such  meeting 
(viii.  5).  For  proceedings  for  dissolution,  see  viii.  32-42. 

NOTE  3.— Neither  a  supervisor  nor  a  school  commissioner  may  be  a  mem- 
ber of  a  board  of  education,  and  a  member  elected  to  either  of  these  offices 
vacates  his  office  as  a  member  (viii.  5).  Compare  vii.  22. 

NOTE  4. — The  trustees  so  elected  shall  be,  by  order  of  such  meeting, 
divided  into  three  classes  to  serve  one,  two.  and  three  years  respectively 
(viii.  9). 

NOTE  5.— When  the  limits  of  such  constituted  district  correspond  with 
those  of  any  incorporated  city  or  village,  their  term  of  service  shall  be  com- 
puted from  the  date  of  the  next  charter  election  in  such  city  or  village,  and 
new  members  shall  be  elected  at  such  annual  elections  thereafter,  in  place 
of  those  whose  terms  expire  (viii.  6).  In  other  districts  their  term  of  service 
shall  be  completed  the  first  Tuesday  of  August  following  (viii.  5;  7GJ>). 

Change  in  number  of  members. — The  qualified 
voters  may  determine  by  a  majority  vote  to  increase 
or  diminish  the  number  of  members  of  the  board 
of  education,  but  no  board  shall  consist  of  fewer 
than  3  or  more  than  9  members  (viii.  31). 

Dissolution. — It  shall  be  the  duty  of  the  board  of 


1USSOLUTION  53 

education  of  tiny  union  free  school  district,  estab- 
lished not  less  than  one  year  (viii.  5),  upon  the  ap- 
plication of  15  resident  taxpayers  of  the  district,  to 
call  a  special  meeting,  in  the  manner  prescribed  by 
law,  for  the  purpose  of  determining  whether  applica- 
tion shall  be  made  for  the  dissolution  of  such  dis- 
trict, and  its  reorganization  as  a  common  school 
district  or  districts  (viii.  32). 

NOTE  1.— lie-division  into  districts.— If  such  dissolved  district  shall  have 
been  established  by  the  consolidation  of  two  or  more  districts,  it  shall  be 
lawful  for  the  commissioner  to  direct  that  its  territory  be  divided  to  corre- 
spond as  far  as  practicable,  with  the  districts  that  were  consolidated  (viii.  34). 

NOTE  2.—  Time  for  annual  meeting.— The  animal  meeting  shall  be  held  In 
the  district  or  districts,  after  the  dissolution,  on  the  first  Tuesday  of  August' 
and  officers  shall  be  elected  as  required  by  law  (viii.  38). 

NOTE  3. — Report  to  superintendent.—  It  shall  be  the  duty  of  the  board  of 
education  of  the  district  affected  forthwith  to  furnish  the  superintendent  cop- 
ies of  the  call,  notice,  proceedings  of  the  meeting,  and  proceedings  of  the 
commissioner  taken  thereon  (viii.  40). 

NOTB  4.— Not  to  lie  related  within  3  years.— Whenever,  at  such  meeting, 
it  shall  be  determined  by  a  majority  vote  not  to  dissolve  such  district,  or  If 
the  school  commissioner  shall  not  approve  the  proceedings  of  such  meeting, 
no  other  meeting  for  a  similar  purpose  shall  be  held  in  the  district  within  3 
years  from  the  time  the  first  meeting  was  held  (viii.  33,  39). 

Notice  to  commissioner. — If  it  shall  be  determined 
by  a  two-thirds  vote  of  the  legal  voters,  as  above,  to 
dissolve  such  district,  it  shall  be  the  duty  of  the 
board  of  education  to  present  to  the  school  commis- 
sioner a  certified  copy  of  the  call,  notice,  and  pro- 
ceedings. If  he  shall  approve  of  the  proceedings 
of  such  meeting,  he  shall  certify  the  same  to  the 
board  of  education ;  and  on  the  day  preceding  the 
first  Tuesday  of  August  next  thereafter  such  district 
shall  cease  to  be  a  union  free  school  district  (viii.  33). 


54  UNION   FREE  SCHOOLS 

Annual  meeting. — The  annual  school  meeting  of  a 
union  free  school  district  when  limits  do  not  corre^ 
spond  with  those  of  an  incorporated  village  or  city 
shall  be  on  the  first  Tuesday  of  August  (viii.  13). 

NOTE  1.— In  districts  whose  limits  correspond  with  those  of  an  incor- 
porated village,  the  election  shall  be  by  separate  ballot  at  the  charter  elec- 
tion (viii.  6). 

NOTE  2.— The  meeting  has  the  right  to  choose  its  own  chairman  (784). 

NOTE  3.—  Meetings  of  the  board  of  education.— In  either  case,  the  annual 
meeting  of  the  new  board  of  education  for  organization  shall  be  on  the 
Tuesday  following  the  election  (viii.  13),  and  there  must  be  regular  meetings 
at  least  four  times  a  year  (viii.  22).  Such  meetings  are  open  to  the  public, 
but  executive  sessions  may  be  held  open  only  to  the  board  and  persons  in- 
vited to  be  present  (viii.  22). 

NOTE  4.— The  meeting  may  vote  a  tar  for  all  text-books  used  in  schools, 
In  which  case  the  board  must  furnish  them  within  90  days  (195:1897). 

Clerk*. — The  board  of  education  now  elects  its 
own  clerk  (466:1897,  776). 

NOTE  1. — He  must  be  a  qualified  voter  of  the  district,  not  a  trustee  or  a 
teacher  employed  in  the  district  (viii.  7),  and  able  to  read  and  write  (viii.  8). 
His  salary  is  fixed  by  the  voters  at  the  annual  meeting,  or  if  they  fail  to 
make  provision  by  the  board  of  education. 

NOTE  2. — Where  the  limits  of  the  district  are  the  same  as  those  of  an 
incorporated  town  or  village,  the  clerk  is  elected  at  the  annual  meeting.  In 
case  the  annual  meeting  fails  to  elect,  the  board  of  education  shall  appoint 
one  of  their  own  number  to  act  as  clerk  (viii.  7). 

NOTE  3. — The  board  have  power  also  to  appoint  as  treasurer  one  of  the 
taxable  inhabitants  of  the  district  and  fix  his  compensation  (489,  833:1896), 
and  another  as  collector  of  the  moneys  raised,  to  hold  office  during  the 
pleasure  of  the  board;  if  however  the  treasurer  be  elected  "  for  the  coining 
year"  he  cannot  be  removed  except  for  cause  (D.  4418).  Each  shall  execute 
and  deliver  a  bond  to  the  board,  of  a  sufficient  security,  within  10  days  after 
written  notice  of  his  appointment  shall  have  been  duly  served  upon  him 
viii.  7;  769,  770,  771). 

POWERS  OF  A  BOARD  OF  EDUCATION. — The  board 
of  education  is : 

(1)  To  adopt  by-laws  and  rules  for  its  own  govern- 
ment (viii.  15.  1). 

Quorum.—  The  Consolidated  Law  does  not  prescribe  how  many  mem- 
bers constitute  a  quorum,  but  a  majority  may  be  assumed  to  constitute  a 
quorum  and  a  majority  of  that  majority  may  transact  business  (D.  3314,4343). 

*  The  provisions  of  the  statute  relating  to  a  clerk  do  not  apply  to  the 
towns  of  Cortlandt  and  White  Plains  (viii.  42). 


1'ONVEfiS   OP   BOARD   OF   EDUCATION  56 

Trustees  have  this  power  by  implication. 

(2)  To  establish  such  rules  and  regulations  con- 
cerning the  order  and  discipline  of  the  schools  as 
they  may  deem  necessary  to  secure  the  best  educa- 
tional results  (viii.  15.  2). 

Here  their  powers  are  the  same  as  those  of  trus- 
tees.    See  pages  37-45. 

(3)  To  prescribe  the  course  of  study,  and  regulate 
the  admission  and  transfer  of   pupils  (viii.  15.  3 ; 
28). 

These  are  the  powers  of  trustees.     See  pages  43- 
45  ;  37,  38. 

NOTE  1.— The  board  of  education  adopts  the  text-books,  however,  while 
trustees  must  refer  the  matter  to  the  district  meeting.    See  page  44. 


(4)  To  prescribe  the  text-books  used,  and  compel 
uniformity  in  the  use  of  the  same ;  and  to  furnish 
the  same  to  pupils  out  of  any  moneys  provided  for 
the  purpose  (viii.  15.  4). 

In  ordinary  districts  the  school  meeting  adopts 
the  text-books ;  in  union  free  school  districts,  this 
power  is  vested  in  the  board  of  education  (737}.  See 
page  44. 

In  ordinary  districts  text-books  can  be  furnished 
only  to  indigent  pupils.  See  page  23.  In  union 
free  school  districts  they  may  be  furnished  to  all 
pupils  if  the  district  provides  the  money. 

(5)  To  make  provision  for  the  instruction  of  pupils 


56  UNION    KREK 

in  physiology  and  hygiene  with  reference  to  the 
effects  of  stimulants  and  narcotics  (viii.  15.  5). 
This  is  also  required  of  trustees.     See  page  43. 

(6)  (a)  To  purchase  sites  as  designated  by  a  dis- 
trict meeting  (ix.  5) ;  (/;)  to  construct  such  school-' 
houses  as  may  be  designated  ;  (c)  to  purchase  furni- 
ture and  apparatus  ;  (d)  to  keep  the  schoolhouse  and 
furniture  in  repair ;  (e)  to  hire  rooms  for  the  school 
when  needed  ;  (/)  to  insure  the  schoolhouse  and 
contents  (viii.  15.  6). 

(a,  6)  To  purchase  sites  and  construct  schoolhouses. 
— Here  the  duties  of  the  board  are  the  same  as  those 
of  trustees.  See  page  32. 

NOTE.— In  cities  of  more  than  30,000,  except  In  the  city  of  Brooklyn  (ix.  4), 
It  shall  not  be  lawful  under  the  "  condemnation  law  "  (title  1,  of  chapter  23, 
of  the  Code  of  Civil  Procedure)  to  acquire  less  than  the  whole  of  any  city 
or  village  lot ;  or  any  premises  occupied  as  a  homestead  without  consent  of 
the  owner  ;  or  beyond  the  corporate  limits  of  the  city  any  garden  or  orchard 
or  manufacturing  establishment  without  consent  of  the  owner  (ix.  2). 

Villages  and  cities. — In  incorporated  cities  and 
villages,  the  corporate  authorities  shall  from  time  to 
time  raise  by  tax  such  sums  as  are  set  forth  in  a 
written  statement  in  detail,  and  declared  by  the 
board  of  education  to  be  necessary,  for  purposes  of 
anticipated  expenditures  ;  and  such  authorities  have 
no  power  to  withhold  the  sums  declared  to  be  neces- 
sary for  teachers'  wages  and  the  ordinary  contingent 
expenses  of  the  school.  They  shall  also  raise  such 
further  sums  as  may  have  been  voted  at  the  district 
meeting  for  sites,  buildings,  and  apparatus  (viii.  9). 


POWERS  OF  BOARD  OF  EDUCATION       57 

Districts  not  villages. — In  districts  whose  limits  do 
not  correspond  with  those  of  an  incorporated  city  or 
village,  a  majority  of  the  voters  present  at  any 
animal  or  special  district  meeting,  properly  called, 
may  authorize  such  acts  and  vote  such  taxes  as  they 
shall  deem  expedient  for  the  support  and  welfare  of 
the  school  (viii.  9). 

NOTE  1.— No  addition  to  or  change  of  site  or  purchase  of  a  new  site,  or 
tax  for  the  purchase  of  any  new  site  or  structure,  or  for  the  purchase  of  an 
addition  to  the  sight  of  any  schoolhouse,  or  for  building  any  new  schoolhouse, 
or  for  the  erection  of  an  addition  to  any  schoolhouse,  shall  be  voted  by  such 
meeting  unless  a  notice  by  the  board  of  education  stating  that  such  tax  will 
be  proposed  and  specif ying  the  amount  and  object  thereof,  shall  have  been 
published  each  week  for  the  4  weeks  next  proceeding  the  meeting  in  2 
newspapers  published  in  the  district,  or  in  one  paper  if  there  be  but  one 
published  ;  if  no  newspaper  be  published  in  the  district,  the  said  notices  shall 
be  posted  in  at  least  10  of  the  most  public  places  in  the  district  for  20  days 
before  the  meeting  (viii.  9). 

NOTE  2.— No  vote  to  raise  money  shall  be  rescinded,  nor  the  amount 
thereof  be  reduced,  unless  it  be  at  an  adjourned  meeting  or  a  meeting  called 
by  regular  and  legal  notice  which  shall  specify  the  proposed  action, 
and  at  which  the  vote  upon  said  proposed  reduction  or  recinding  shall  be 
taken  by  ballot  or  by  recording  the  ayes  and  noes  (viii.  9 ;  264:  1896.) 

NOTE  3.— The  money  so  voted  may  be  levied  in  one  sum  or  by  instal- 
ments. When  by  instalments  the  corporate  authorities  are  authorized  to 
borrow  so  much  as  may  be  necessary  at  a  rate  of  interest  not  exceeding  6 
per  cent  (viii.  9). 

NOTE  4.— All  moneys  for  teachers'  wages,  after  the  due  application  of 
the  school  moneys  thereto,  shall  be  raised  by  tax  (viii.  11). 

(c)  To  purchase  furniture  and  apparatus. — In  ordi- 
ary  districts,  the  expenditure  of  the  trustees  with- 
out vote  of  the  district  is  limited  to  $25  for  apparatus. 

NOTE  1.— See  page  48.    In  union  schools  there  is  no  limit. 

NOTE  2.— U.  S.  flags  must  be  furnished  all  schools  (222  :  1895).  Apparatus 
for  instruction  in  natural  history,  geography,  and  kindred  subjects  by  pic- 
torial representation  may  be  had  from  the  State  superintendent  for  free 
use  on  payment  of  necessary  expenses  incurred.  Free  lectures  are  given  to 
all  cities  and  to  villages  employing  a  superintendent  (363 : 1895). 


68  UNION  FBfifi  SCHOOLS 

(d)  To  keep  the  schoolhouse  and  furniture  in  repair. 
— In  ordinary  districts,  the  expenditure  of  the  trus- 
tees without  vote  of  the  district  is  limited  to  $50. 
See  page  48.     In  union  free  school  districts  there  is 
no  limit. 

NOTE.— This  does  not  however  authorize  material  additions  to  the  school 
property,  or  the  adoption  of  an  expensive  system  of  heating  or  ventilation 
(77C),  which  should  be  by  vote  of  the  district. 

(e)  To  hire  rooms  for  the  school  when  needed.- — Trus- 
tees have  the  same  authority.     See  page  48. 

(/)  To  insure  the  schoolhouse  and  contents. — Trus- 
tees have  the  same  power,  if  the  district  neglects  to 
authorize  it.  See  page  33. 

(7)  To  hold  the  property  of  the  district  in  charge 
(viii.  15.  7). 

Trustees  have  the  same  power.     See  page  32. 

(8)  To  sell  property  of  the  district,  when  author- 
ized by  vote  (viii.  15.  8). 

Trustees  have  the  same  authority  (vii.  20).  See 
page  32. 

(9)  To  take  and  hold  any  gift  or  legacy  to  the 
district  (viii.  15.  9). 

In  ordinary  districts  this  is  one  of  the  duties  of 
the  supervisor  (593}. 

(10)  (a)  To  have  the  superintendence,  manage- 
ment, and  control  of  the  school ;  (b)  to  establish  in 
the  same  an  academical  department  when  warranted, 
or,  when  authorized  by  the  district,  to  adopt  an  es- 
tablished academy  as  the  academic  department  (viii. 


ACADEMIC    DEPARTMENTS  59 

27) ;  (c)  to  receive  non-resident  pupils,  and  establish 
tuition-fees  ;  (ct)  to  provide  fuel,  furniture,  and  other 
necessaries  for  the  school ;  and  (e)  to  appoint  librari- 
ans (viii.  15.  10). 

(a)  To  have  the  superintendence,  management,  and 
control  of  the  school. — This  is  identical  with  the 
power  of  trustees  to  establish  rules  and  regulations. 
See  pages  37-45. 

(6)  To  establish  an  academic  department — (viii.  27). 
This  is  a  power  denied  to  ordinary  districts  (771). 

Requirements. — Such  academic  department  shall 
be  under  visitation  of  the  regents,  and  subject  in  its 
course  of  education  and  matters  pertaining  thereto 
to  their  rules  (viii.  26). 

Grading  of  schools. — The  following  system  of  grad- 
ing has  been  adopted  by  the  regents. 

(1)  The  name    high   school   shall   be   limited  to 
schools  giving  a  full  four-year  course,  and  supported 
by  taxation,  and  the  name  academy  to  schools  giving 
a  similar  course,  not  so  supported. 

(2)  The  academic  departments  of  public  schools 
giving  less  than  a  four-year  course  shall  be  graded 
as  junior,  middle  and  senior  schools,  according  as 
they  give  one,  two  or  three-year  academic  courses. 

NOTE. — Schools  not  supported  by  taxation  and  giving  academic  courses 
of  less  than  four  years  shall  be  similarly  graded  as  junior,  middle  and  senior 
academic  schools. 

(3)  Such  schools  shall  be  admitted  on  a  minimum 
of  $200,  $300,  or  $400  respectively  for  books,  and 


60  UNION   FREE  SCHOOL 

on  the  provision  of  such  apparatus  as  is  required 
for  teaching  the  subjects  in  the  courses  adopted. 

NOTE  1. — Only  full  years  shall  be  counted  in  grading. 

NOTE  2.— The  grade  shall  be  determined  not  by  courses  offered  in  the 
catalogue,  but  by  instruction  really  given  to  one  or  more  students  during 
the  course.  Studies  may  be  counted  if  each  student  during  his  course  has 
full  opportunity  to  take  them,  though  not  given  each  year. 

NOTE  3. — No  school  shall  be  admitted  to  the  university  unless  its  course 
of  instruction  includes  at  least  12  counts  or  one  full  year  of  academic  work. 

NOTE  4. — Secondary  schools  of  the  university  shall  be  classified  by  this 
system  on  their  own  report  of  instruction  for  the  present  year,  and  this 
grading  shall  be  revised  by  the  inspectors  at  each  visit. 

NOTE  5. — Each  junior  school  shall  be  at  liberty  to  select  for  its  course 
any  12  academic  counts  covered  by  the  regents'  examinations. 

NOTE  6. — Blank  forms  of  application  may  be  had  from  the  regents. 

Course  of  Study. — The  law  respecting  teachers  for  cities  and  villages 
(see  page  98)  requires  for  approved  schools  of  higher  grades  this  minimum 
course  of  study,  approved  by  the  State  superintendent. 

1.  English  500  hours;  to  include  grammar  (100),  rhetoric  and  composi- 
tion (200),  literature  (200).    A  thorough  course  in  grammar  before  entering 
the  academic  grades  will  be  accepted  as  an  equivalent  for  the  100  hours 
prescribed.    The  work  in  literature  must  cover  requirements  for  admission 
to  college  by  the  Association  of  Schools  and  Colleges  of  the  Middle  States 
and  Maryland. 

2.  History  500  hours;  including  English  (100),  Greek  and  Roman  (100) , 
and  American  (200),  including  50  hours  for  the  intensive  study  of  some 
special  period  of  American  history;  civics  (100).    For  100  of  the  hours  in 
American  history,  200  hours  in  sub-academic  grades  will  be  accepted. 

3.  Mathematics  450  hours;  to  include  algebra  to  quadratic  equations 
(200),  plane  geometry  (200),  and  a  review  of  arithmetic  (50). 

4.  Science  500  hours;  to  include  physics  (200),  chemistry  (100),  physiog- 
raphy (50),  botany  (50),  physiology  (50),  and  zoology  (50).    Individual  lab- 
oratory work  is  required.     For  botany  and  zoology  100  additional  hours  in 
advanced  physics  or  advanced  chemistry,  or  50  hours  in  each  may  be  sub- 
stituted.   For  all  sciences    except  physics  and  physiology,  200  hours  in 
Latin  and  400  hours  in  Greek  or  French  or  German  may  be  substituted. 

5.  Foreign  languages,  to  include  either  Latin  (400)  or  French  (400)  or 
German  (400). 

6.  Drawing  200  hours;  to  include  the  principles  and  practice  of  repre- 
sentation, construction,  and  decoration. 

7.  Vocal  music  100  hours;  to  include  vocal  culture  (in  class),  sight- 
singing  from  the  staff,  and  the  common  technical  terms  used  in  vocal  music. 
—Circular  of  October  1, 1898. 

Procedure. — As  soon  as  practicable,  any  institution 
making  application  for  admission  will  be  visited  by 


ADMISSION   UNDER   VISITATION    OF   REGENTS      61 

a  regents'  inspector,  who  will  examine  its  equip- 
ment and  advise  with  its  officers  as  to  plans  for  the 
future.  Applications  for  charters  or  certificates  of 
admission  can,  however,  be  forwarded  at  any  time 
either  before  or  after  the  inspector's  visit  and  will, 
unless  there  be  a  special  reason  to  the  contrary,  be 
acted  on  by  the  regents  at  their  next  meeting.  If 
favorably  considered,  a  certificate  of  admission  will 
be  granted. 

Adoption  of  existing  academy. — When  an  academy 
exists  within  a  union  free  school  district,  the  board 
of  education  may  if  authorized  by  a  vote  of  the  dis- 
trict, and  with  the  consent  of  the  trustees  of  the 
academy,  adopt  such  academy  as  the  academic  de- 
partment of  the  district.  The  board  may  lease  such 
academy  and  site,  and  maintain  an  academic  de- 
partment therein  (viii.  27). 

NOTE. — If  a  union  school  district  which  has  adopted  an  academy  as  an 
academic  department  be  dissolved,  the  academy  shall  upon  application  of 
a  majority  of  the  surviving  trustees  or  stockholders  be  transferred  to  them 
(viii.  35). 

Registration. — The  regents  will  authorize  the  in- 
spection of  any  school  of  academic  or  higher  grade 
which  shall  apply  for  the  same,  and  which  shall  pay 
the  total  cost  to  the  University  of  the  inspector's 
time  and  travelling  expenses. 

The  academic  fund. — The  sum  of  $12,000  from  the 
income  of  the  literature  fund,  $34,000  from  that  of 
the  U.  S.  deposit  fund,  and  $60,000  from  the  gen- 
eral fund  is  annually  paid  for  the  benefit  of  acade- 


62  UNION    FREE    SCHOOLS 

mies,  according  to  apportionment  made  by  regents, 
examinations  held  in  such  academies.  (Chap.  378, 
laws  of  1892.} 

NOTE  1.— Of  the  $106,000  thus  apportioned,  $60,000  from  the  general  fund 
may  be  used  only  for  the  academic  departments  of  union  schools. 

NOTE  Z.—Pi-ovisional  examinations.  —On  evidence  satisfactory  to  the  office, 
preferably  the  recommendation  of  a  regents'  inspector,  that  the  best  educa- 
tional interests  of  a  school  demand  it,  the  privilege  of  taking  regents'  exam- 
inations for  a  period  not  to  exceed  one  year  is  sometimes  granted  provision- 
ally while  the  school  authorities  are  completing  the  requirements  necessary 
for  full  admission. 

Certificates  of  diplomas  earned  at  examinations  provisionally  granted 
as  above  do  not  draw  money  from  the  academic  fund  unless  the  school  at 
which  they  are  earned  is  admitted  to  the  University  before  the  apportion- 
ment of  the  academic  fund  is  made  for  that  year. 

NOTE  3.— The  moneys  apportioned  to  common  school  districts  must  be 
applied  to  the  departments  below  the  academical ;  and  all  moneys  from  the 
literature  fund  or  otherwise  appropriated  for  the  academical  department, 
to  the  latter  (viii.  23). 

Reports. — The  regents  shall  require  of  each  aca- 
demic department  an  annual  report  giving  informa- 
tion concerning  trustees,  faculty,  students,  instruc- 
tion, equipment,  methods,  operations,  etc. 

NOTE.— For  refusal  or  neglect  to  make  this  report,  the  regents  may  sus- 
pend its  charter,  or  any  of  its  rights  and  privileges. 

Teachers'  classes. — All  cities  except  New  York,  and 
all  villages  employing  a  superintendent  (1031:  1895), 
and  such  academies  and  other  union  schools  as  are 
designated  by  the  superintendent,  may  instruct 
teachers'  classes  of  not  less  than  10  or  more  than  25 
pupils,  for  not  less  than  36  weeks. 

For  each  such,  scholar  the  school  shall  receive  §1.00  for  each 
week's  instruction  (xi.  3).  See  page  78. 

NOTE  1.— The  schools  shall  be  chosen  by  the  superintendent  so  as  to  dis- 
tribute them  among  the  commissioner  di-tricts.  having  reference  to  the 
number  of  school  districts  in  each,  and  the  location  and  character  of  the 
institutions  (xi.  3). 

NOTE  2.  —The  institution  must  be  free  to  the  pupils  in  the  class  (xi.  4). 


TEACHERS'  CLASSES  63 

XOTK  8.— The  superintendent  shall  prescribe  the  conditions  of  admis- 
sion, the  course  of  instruction,  the  rules  and  regulations  under  which  it 
shall  be  Riven,  the  number  of  classes  in  a  year,  and  the  length  of  time 
exceeding  16  weeks  during  which  instruction  may  be  given  (xl.  3). 

NOTE  4.— At  the  close  of  the  term,  the  commissioner  shall  examine  said 
classes,  and  issue  teachers'  certificates  to  such  as  prove  worthy  (xl.  7). 

(c)  To  receive  non-resident  pupils. — Trustees  also 
have  this  power.     See  page  38. 

(d)  To  provide  fuel,  furniture  and  otJier  necessaries. 
— In  ordinary  districts,  the  expenditure  of  trustees 
without  vote  of  the  district  is  limited  to  the  pur- 
chase of  "fuel,  stoves  or  other  heating  apparatus, 
pails,  brooms   and  other  implements   necessary   to 
keep  the  schoolhouse  or  houses  and  the  school-room 
or  rooms  clean  and  to  make  them  reasonably  com- 
fortable for  use,  when  no  provision  therefor  has  been 
made  by  a  vote  by  the  district,  or  the  sum  voted  by 
the  district  for  said  purpose  shall  have  proved  insuf- 
ficent"  (vii.  50).     See  page  48.     The  purchase  of 
furniture  by  boards  of  education  is  already  author- 
ized by  6  (c),  page  57. 

(e)  To  appoint    librarians. — Trustees    have    this 
power.     See  page  48. 

(11)  To  employ  by  written  contract,  and  to  pay 
qualified  teachers  by  written  contract  (viii.  15,  11). 
This  power  is  the  same  as  that   of  trustees.     See 
pages  33-37. 

NOTK. — The  contract  is  subject  to  the  rules  established  by  the  board 
(774). 

(12)  To  fili  any  vacancies  in  the  board   (viii.  15. 
12 ;  766,  770). 


64  UNION    FREE    SCHOOLS 

In  ordinary  districts  vacancies  are  filled  by  the 
district  meeting,  or  by  the  commissioner.  See  page 
29. 

(13)  To  remove  a  member  of  the  board  for  official 
misconduct  (viii.  15.  13  ;  768,  770}. 

In  ordinary  districts,  only  the  superintendent  can 
remove  a  trustee.  See  page  29. 

NOTE. — The  superintendent  may  remove  any  member  of  a  board,  for 
cause  shown  and  after  given  opportunity  for  defence.  Wilful  violation  or 
neglect  of  duty  is  cause  for  removal  (viii.  29). 

(14)  To  provide  for  the  school  at  least  two  water- 
closets,  entirely  separated  and  with  separate  means 
of  access  (viii.  15.  14). 

Trustees  have  this  power,  but  it  must  be  exercised 
under  direction  of  the  commissioner,  and  the  amount 
must  not  exceed  $50.  See  pages  47,  48. 

(15)  To  build  outside  stairways  on  buildings  more 
than  two  stories  high  (viii.  15.  15). 

This  is  also  required  of  trustees.     See  page  31. 

(16)  If  the  population  of  the  district  is  more  than 
5,000,  and  if  it  is  thought  advisable,  to  appoint  a 
superintendent  (viii.  17).     See  page  18. 

Trustees  of  a  large  district  school  might  appoint 
head  teacher  and  call  him  superintendent ;  but  he 
would  not  draw  the  $800  ;  and  he  would  have  to 
hold  a  teacher's  certificate,  which  is  not  required  of 
city  and  village  superintendents. 

(17)  To  keep  an  accurate  record  of  its  proceedings 
in  books  open  to  public  inspection  (viii.  18). 


TAXATION  65 

This  is  also  required  of  trustees.     See  page  49. 

(18)  To  publish  each  year  20   days   before  the 
annual  meeting  in  at  least  one  newspaper  of  the  dis- 
trict a  detailed  account  of  all  moneys  received  and 
expended  (viii.  18). 

This  is  not  required  of  trustees. 

(19)  To  appoint  committees  to  visit  all  schools  at 
least  twice  in  each  quarter,  and  report  at  the  next 
regular  meeting  (viii.  22). 

This  is  not  required  of  trustees. 

(20)  To  appoint  an  attendance  officer  for  the  ar- 
rest of  truants  (Chap.  671,  laws  of  189 4).    See  page  43. 

NOTE.— They  may  establish  schools  or  set  apart  separate  rooms  for 
truaut  schools  (Chap.  671,  laws  of  139!t). 

(21)  Drawing. — To  cause  free   instruction   to   be 
given  in  free-hand  or  industrial  drawing,  unless  ex- 
cused by  the  superintendent  (xv.  21). 

This  is  not  required  of  trustees,  though  it  is  of 
course  permitted.  See  page  43. 

NOTE. — Boards  are  also  authorized  to  maintain  evening  schools  for  in- 
struction in  industrial  drawing,  whenever  the  city  authorizes  in  a  city,  or  the 
district  meeting  in  other  union  free  school  districts,  shall  so  vote,  for  which 
purpose  additional  power  to  raise  money  for  this  purpose  is  conferred 
(xv.  22). 

(22)  Vocal  music. — Boards  may  cause  free  instruc- 
tion to  be  given  in  vocal  music  (xv.  23). 

Trustees  no  doubt  have  the  same  power  under 
their  general  control  of  the  course  of  study  (page 
43)  ;  but  this  is  a  special  authorization,  meant  to 
encourage  the  study  of  music. 


66  UNION   FREE  SCHOOLS 

•(23)  Kindergartens. — Boards   may   establish  and 
maintain  one  or  more  kindergarten  schools  (xv.  24). 
Trustees  now  have  the  same  power  (264:1896). 

NOTE  1. — No  child  under  4  years  may  be  admitted,  and  the  board  may 
fix  the  highest  limit  of  age.  Children  under  4  years  shall  be  reported  sep- 
arately, and  may  be  counted  in  distributing  the  public  moneys  (ii.  6;  xv.  24; 
264:1896). 

NOTE  2.— All  teachers  employed  in  these  kindergartens  must  be  licensed 
like  other  teachers  (264:1896;  see  pages  33,89);  or  have  a  special  kinder- 
garten diploma  (see  page  92);  and  are  counted  in  the  district  quotas  (see 
page  10;  264:1896). 

(24)  Industrial  training. — Boards  may  maintain 
departments  of  industrial  training;  and  purchase 
such  outfit  and  employ  such  teachers  as  may  be 
authorized  by  the  city  authorities  or  district  meet- 
ing (xv.  25). 

Trustees  have  the  same  power.     See  page  44. 

(25)  Colored  children. — Boards  in  any  city  or  in- 
corporated  village,  and   other   union  free   schools 
could  formerly  establish  separate  but  equal  schools 
for  children  of  African  descent  (xv.  28,  29),  but  this 
is  no  longer  legal  (492:1900). 

Trustees  have  never  had  ^uch  power.   See  page  38. 

(26)  Orphan  asylums. — The  schools  of  the  incor- 
porated orphan  asylum  societies,  except  in  the  city 
of  New  York,  shall  participate  in  the  public  moneys, 
and  shall  be  subject  to  the  rules  and  regulations  of 
the  school  authorities  in  their  respective  districts, 
but  shall  remain  under  the  immediate  management 
and  direction  of  the  said  societies  (xv.  32). 

(27)  Arbor  day. — It  shall   be  the   duty   of  the 
authorities  of  every  public  school  to  assemble  the 


TAXATION  67 

scholars  on  the  Friday  following  the  1st  day  of  May, 
to  conduct  such  exercises  as  shall  tend  to  encourage 
the  planting,  protection,  and  preservation  of  trees 
and  shrubs  (xv.  45). 

NOTE— Pamphlets  containing  a  course  of  exercises  and  instruction  are 
published  and  distributed  annually  by  the  superintendent  (xv.  46). 

(28)  To  keep  within  the  appropriation  in  all  ex- 
penditures (viii.  23). 

NOTE.—  In  the  union  schools  of  cities  or  incorporated  villages,  all  moneys 
appropriated  or  raised  by  tax  are  to  be  paid  into  the  city  or  village  treasury, 
and  kept  distinct ;  and  no  money  can  be  drawn  from  these  funds  except  by 
resolution  of  the  board,  and  by  drafts  signed  by  the  president  and  counter- 
signed by  the  secretary  or  clerk  stating  on  their  face  the  purpose  for  which 
they  are  issued  (viii.  24). 

NOTE  2.— In  other  union  schools,  the  said  funds  shall  be  paid  to  the 
treasurers  of  the  boards  of  education,  and  money  drawn  only  by  resolution 
and  draft  as  in  Note  1.  In  these  districts,  the  boards  shall  annually  render 
to  the  school  commissioner  accounts  of  all  moneys  received  and  expended, 
with  every  voucher,  and  certified  copies  of  every  order  of  the  board 
(viii.  25). 

Estimate  of  money  required. — At  the  annual  meet- 
ing of  the  district,  the  board  shall  present,  besides 
any  other  report  or  statement  required  by  law,  a 
detailed  statement  in  writing  of  the  amount  of 
money  required  for  the  ensuing  year  for  school  pur- 
poses, exclusive  of  the  public  moneys,  specifying  the 
several  purposes  for  which  it  will  be  required  and 
the  amount  of  each.  When  demanded  by  any  voter 
present,  the  question  of  voting  the  necessary  taxes 
shall  be  taxed  upon  each  item  separately,  and  the 
inhabitants  may  increase  or  reduce  any  estimated 
expenditures,  except  those  for  teachers'  wages  and 
the  ordinary  contingent  expenses  of  the  school  (viii. 
18,  19).  Compare  report  of  trustees,  page  50. 


68  UNION   FREE  SCHOOLS 

Taxation  without  vote. — If  the  inhabitants  shall  neg- 
lect or  refuse  to  vote  the  sums  estimated  necessary 
for  teachers'  wages  after  applying  thereto  the  public 
moneys,  and  the  moneys  received  or  to  be  received 
for  that  purpose,  or  shall  refuse  or  neglect  to  vote 
the  sums  estimated  necessary  for  contingent  expenses, 
the  board  may  levy  a  tax  for  the  same  in  like  man- 
ner as  if  it  had  been  voted  by  the  inhabitants  (viii. 
20). 

Trustees  have  power  to  levy  tax  for  teachers' 
wages,  but  not  for  the  contingent  expenses  of  the 
school  except  within  the  limits  already  specified  for 
insurance,  fuel,  repairs,  etc.  See  pages  33,  47,  48. 

NOTE.— The  board  may  not  levy  this  tax  unless  the  limit  has  been  pre- 
sented at  an  annual  or  special  meeting,  and  the  inhabitants  have  neglected 
or  refuse  to  vote  it  (783). 

(29)  To  exercise,  except  as  specially  provided  for 
above,  all  the  powers  and  duties  of  school  trustees 
(ix.  3  ;  788} ;  and  whenever  an  academic  depart- 
ment is  established,  of  trustees  of  academies  (viii. 
16  ;  chap.  378,  laws  of  1892). 

DISTRICT  AND  UNION  FREE  SCHOOLS  COMPARED.— 
The  principal  differences  between  district  and  union 
free  schools  may  be  summarized  as  follows : 

(a)  Powers  exercised  by  trustees  with  restriction  ;  by  boards  of 
education  without  restriction. 

\.  To  purchase  apparatus.     Pages  48,  57. 

2.  To  repair  schoolhouses  and  furniture.     Pages  48,  58. 

3.  To  provide  fuel,  furniture,  and  other  necessaries.     Pages 
48,  63. 


DISTRICT    AND    UNION    SCHOOLS    COMPARED         69 

4.  To  build  outhouses.    Pages  47,  48,  64. 
(?>)  Powers  exercised  in  ordinary  districts  by  tJie  district  meeting; 
in  union  free  school  districts  by  the  board  of  education 

1.  To  prescribe  text-books.     Pages  44,  55. 

2.  To  purchase  furniture.     Pages  48,  57,  63. 

3.  To  turn  over  the  library  to  a  public  library.     Page  49. 

4.  To  fill  vacancies  in  the  board.     Pages  29,  63. 

5.  To  waive  relationship  of  teacher  to  trustee.     Page  34. 

(c)  Powers  exercised  by  boards  of  education  that  do  not  exist  in 
ordinary  districts. 

1.  To  hold  gifts  and  legacies.     Page  58. 

2.  To  remove  members  of  the  board.    Pages  29,  64. 

3.  To  appoint  a  superintendent.     Pages  18,  64. 

4.  To  publish  an  annual  financial  statement  in  a  newspaper. 
Page  65. 

5.  To  appoint  visiting  committees.     Page  65. 

6.  To  levy  without  vote  of  district  a  tax  for  contingent  ex- 
penses.    Pages  33,  47,  48,  56,  66 

7.  To  appoint  an  attendance  officer.     Pages  43,  65. 

8.  To  establish  truant  schools.     Pages  43,  65. 

9.  To  establish  kindergartens.     Pages  44,  67. 

(d)  Powers  of  the  school-meeting  in  union  free  school  districts  that 
do  not  exist  in  ordinary  districts. 

1.  To  provide  free  text-books.     Pages  23,  55. 

2.  To  vote  a  tax  for  a  schoolhouse  without  limit  or  approval 
of  commissioner.     Pages  31,  57. 

3.  To  establish  an  academical  department.     Page  59. 

4.  To  raise  money  for  evening  drawing-schools.     Page  67. 

5.  To  establish  separate  schools  for  colored  children.     Pages 
33,  66. 

(30)  To  make  on.  Aug.  1  of  each  year  and  deposit 
in  the  town  clerk's  office  a  report  to  the  commis- 
sioner of  all  matters  on  which  trustees  are  required 
to  report  (see  page  49),  and  on  such  other  matters  as 
the  superintendent  may  require  (viii.  28  ;  769]. 


70  NOBMAL    SCHOOLS 

Nor*.— Every  union  school  la  subject  to  the  visitation  of  the  iupertnton- 
dent,  who  has  general  supervision  over  the  board  of  education  and  the 
management  and  conduct  of  the  departments  of  Instruction.  He  may  at 
any  time  require  of  the  board  a  report  upon  any  particular  matter  (vlil.  28). 
Wilful  dlsodedience  of  any  lawful  requirement  of  the  superintendent  Is 
cause  for  removal  (vlil.  29).  Any  person  may  appeal  to  the  superintendent 
against  the  action  of  any  special  meeting  or  the  order  of  a  commissioner 
altering  or  dissolving  a  union  free  school  district  (viii.  41). 

NORMAL    SCHOOLS 

New  State  normal  schools  are  now  established 
only  by  vote  of  the  legislature. 

Local  boards. — The  immediate  supervision  and 
management  of  each  normal  school,  subject  to  the 
general  supervision  and  direction  of  the  superin- 
dent,  is  vested  in  its  local  board,  the  members  of 
which  are  appointed  by  the  superintendent  for  life, 
subject  only  to  removal  by  the  concurrent  action  of 
the  superintendent  and  of  the  chancellor  of  the 
university  of  the  State  of  New  York. 

Management. — These  boards  (a)  make  the  rules 
and  regulations  ;  (6)  make  annual  reports  to  the  leg- 
islature on  Jan.  1 ;  (c)  prescribe  the  course  of  in- 
struction ;  and  (d")  employ  the  teachers  :  their  action 
being  in  all  these  matters  subject  to  the  approval  of 
the  superintendent. 

NOTB.— The  superintendent  determines  how  many  teachers  shall  be  em- 
ployed, and  their  salaries. 

Course  of  Study. — Normal  schools  must  give  in- 
struction (a)  in  physiology  and  hygiene,  with  special 
reference  to  the  effects  of  alcoholic  drinks,  stimu- 
lants, and  narcotics  (xv.  19) ;  (6)  in  industrial  and 


ACADEMIC    DEPARTMENTS  71 

free-hand  drawing  (xv.  21) ;  (c)  in  vocal  music  (xv. 
23) ;  (d)  in  industrial  training  (xv.  27). 

They  are  entitled  to  receive  from  the  American  Museum  of 
Natural  History  at  least  one  illustrated  lecture  every  year,  and 
such  appliances,  plates,  and  apparatus  as  may  be  necessary  for 
proper  instruction  in  natural  history  (428:1886 ;  6:1893). 

Pupils. — The  statute  provides  for  proportionate 
representation  of  the  counties,  but  in  practice  any 
pupil  in  the  State  may  select  which  normal  school 
he  will  attend. 

They  must  be  16  years  old,  of  good  health  and  good  moral 
character,  and  are  admitted  upon  recommendation  of  a  school  com- 
missioner or  city  superintendent,  approved  by  the  superintendent ; 
and  upon  presenting  either  (1)  tJie  diploma  of  a  college  or  univer- 
sity of  a  standard  recognized  by  the  department  of  public  in- 
struction ;  (2)  a  New  York  certificate,  State,  training  class,  or  unu 
form  1st  or  2d  grade  now  in  force.  (3)  Those  not  holding  such 
credentials  must  pass  special  examinations  in  January,  June,  and 
August  of  each  year.  The  subjects  are  the  same  as  for  a  3d  grade 
certificate  (see  page  93),  except  that  civil  government  is  substi- 
tuted for  school  law.  75 #  must  be  reached  in  all  subjects,  but 
the  standing  at  two  successive  examinations  may  be  combined. 
Partial  standing  obtained  for  a  1st  or  2d  grade,  or  training  class 
certificate  may  be  applied  to  this  entrance  examination  on  appli- 
cation to  the  department,  if  such  standing  was  obtained  during  the 
current  school  year,  or  at  the  August  examination  if  it  was  ob- 
tained during  the  previous  school  year. 

Expenses. — Pupils  are  entitled  to  all  the  privileges 
of  the  school,  free  from  charges  for  tuition,  or  for 
the  use  of  books  or  apparatus. 

NOTE  1. — Pupils  not  residents  of  the  State  must  pay  tuition,  $40  a  year. 

NOTE  2. -The  pupil's  railroad  fare  from  home  to  the  school  one  way  each 
term  is  no  longer  paid  by  the  State. 

NOTES.—  No  pupils  may  be  received  into  academic  departments  unless 
residents  of  the  territory  for  the  benefit  of  which  the  State  has  pledged  It- 
self to  maintain  such  department  (143:1889). 


72  INDIAN    SCHOOLS 

NOTE.— This  applies  to  the  schools  which  turned  over  academic  property 
to  the  State  on  certain  conditions. 

Tuition  money  received  by  normal  schools  may  be 
used  for  current  expenses  (Chap.  492,  laws  of  1870). 

INDIAN     SCHOOLS 

Management. — These  are  in  charge  of  the  superin- 
tendent, who  shall  establish  such  schools  as  he  thinks 
necessary,  employ  superintendents,  and,  with  the 
concurrence  of  the  comptroller  and  secretary  of  State, 
cause  to  be  erected  the  necessary  buildings  (xv.  33). 

Public  moneys. — Indian  children  between  4  and 
21  shall  draw  public  money  the  same  as  white  chil- 
dren, and  such  money  must  be  exclusively  devoted 
to  their  education  (xv.  36).  There  shall  also  be  an 
annual  appropriation  of  $6,000  by  the  legislature 
(xv.  37).  See  page  10. 

INSTITUTIONS     FOR     THE    DEAF    AND    DUMB,    AND    FOR 
THE    BLIND. 

Management. — These  institutions  are  subject  to  the 
visitation  of  the  superintendent  (xv.  40). 

Admission. — All  deaf  and  dumb  or  blind  persons, 
resident  of  this  State  for  the  three  years  preceding, 
upwards  of  12  years  of  age,  shall  be  eligible  to 
appointment  as  State  pupils  to  one  of  the  institutions 
in  this  State.  Such  appointments  are  made  by  the 
superintendent,  upon  application  under  such  con- 
ditions as  to  share  of  expense  to  be  paid  by  parents, 
guardians,  or  friends  as  he  may  impose  (xv.  41 ; 
131-138}. 


CORNELL    SCHOLARSHIPS  73 

NOTE.— Appointments  to  the  Institution  for  the  Blind  in  Batavia  are  not 
made  by  the  superintendent. 

CORNELL    SCHOLARSHIPS 

NOTE— In  bestowing  upon  Cornell  University,  as  an  endowment,  the  pub- 
lic lands  granted  this  State  by  congress  in  1863,  the  State  reserved  the  privi- 
leges of  free  instruction  to  be  given  to  a  limited  number  of  pupils  from  all 
parts  of  the  State  at  such  institution. 

Number. — The  institution  shall  annually  receive 
students  to  the  number  of  one  from  each  assembly 
district  in  the  State,  free  of  tuition  fees  or  incidental 
charges  (xii.  1). 

NOTE.— In  case  a  candidate  entitled  to  the  scholarship  by  reason  of 
highest  standing  in  the  examination  should  fail  in  his  entrance  examination 
at  the  university,  should  die,  resign,  be  expelled,  or  vacate  such  scholarship 
in  any  way,  either  before  or  after  entering,  then  the  candidate  next  in 
excellence  becomes  entitled  to  it ;  if  there  be  no  such  candidate  resident  in 
the  county,  then  the  superintendent  may  appoint  one  from  some  other 
county  (xii.  1.  5). 

How  awarded. — These  scholarships  shall  be  award- 
ed by  competitive  examination  of  candidates  by  the 
school  commissioners  and  city  superintendents  of 
each  county.  These  examinations  shall  occur  at 
the  court-house  of  each  county  on  the  first  Saturday 
in  June  in  each  year.  The  questions  are  prepared 
by  the  department  of  Public  Instruction  and  the 
examination  papers  handed  in  are  to  be  forwarded 
there  (xii.  1). 

NOTE  1.— The  questions  from  the  beginning  to  1892  are  published  in  "  The 
New  York  Question  Book  ",  and  in  "  Supplement  No.  1 ",  and  "  Supplement 
No.  2." 

NOTE  2.— As  it  Is  intended  that  this  free  instruction  shall  be  a  reward 
for  superior  scholarship  in  the  public  schools,  none  are  eligible  but  those  who 
have  atte-ided  some  of  the  common  schools  or  academies  of  the  State  at 
least  6  months  of  the  year  immediately  preceeding  the  examination,  and 
who  are  at  least  16  Tears  of  age  (xii.  1.  2).  Children  of  those  who  have  died 


74          UNIVERSITY  OP  THE  STATE  OF  NEW  YORK 

in  the  military  or  naval  service  of  the  United  States  are  to  have  preference 
(xii.  1.  7). 

NOTE  3. — A  student  may  in  the  discretion  of  the  president  of  the  univer- 
sity be  granted  leave  of  absence  from  his  studies  for  the  purpose  of  earning 
funds  to  defray  his  living  expenses  at  school,  and  be  allowed  6  years  to 
complete  the  course  (.xii.  1.  6). 

THE   UNIVERSITY  OF  THE  STATE   OF    NEW   YORK 
NOTE.— The  present  university  law  is  chapter  378,  of  the  laws  of  1892. 

History. — The  university  of  the  State  of  New  York 
was  created  in  1784  under  the  name  of  "  regents  of 
the  university  of  the  State  of  New  York ",  as  a 
branch  of  the  State  government. 

NOTE.— The  word  "  regent "  was  first  used  by  the  University  of  Paris, 
and  signified  a  master  qualified  to  teach.  In  the  English  universities  the 
rule  grew  up  that  only  those  masteis  actually  teaching,  the  "  regents  "  as 
distinguished  from  the  non-regents,  should  have  a  right  to  vote  in  certain 
university  assemblies,  the  regent  combining  the  functions  of  teaching  and 
of  governing.  New  York  put  the  name  to  a  new  use,  making  the  regents 
not  the  teaching  but  the  governing  body.— Sidney  Sherwood's  History,  pages 
S56,  257. 

The  objects  of  the  university  are  to  encourage  and 
promote  higher  education ;  to  visit  and  inspect  its 
several  institutions  and  departments ;  to  distribute 
to  or  expend  or  administer  for  them,  such  property 
and  funds  as  the  State  may  appropriate  therefor,  or 
as  the  university  may  own  or  hold  in  trust  or  other- 
wise; etc. 

NOTE.— In  1812  It  started  the  movement  that  resulted  in  forming  the 
system  of  public  instruction ;  in  1833  it  established  teachers'  classes  ;  in  1864 
it  started  its  system  of  examinations ;  and  in  1892  it  received  exclusive 
power  of  granting  charters  to  educational  institutions  in  the  State.  It  has 
published  annual  reports,  which  since  1835  have  given  educational  statistics 
in  great  detail.  In  1863  it  established  the  university  convocation,  an  annual 
meeting  of  teachers  which  has  grown  to  be  one  of  the  most  important  in  the 
country.  In  1889  it  took  up  the  work  of  university  extension. 

Extent. — The  university  consists  of  all  institutions 


OFFICERS  75 

of  education  which  are  now  or  may  hereafter  be  in- 
corporated in  this  State,  and  such  other  libraries, 
museums  or  other  institutions  for  higher  education 
as  may,  in  conformity  with  the  ordinances  of  the 
regents  after  official  inspection,  be  admitted  to  or 
incorporated  by  the  university. 

By  the  law  of  1904,  as  interpreted  by  the  regents 
and  the  commissioner  of  education,  elementary  as 
well  as  higher  education  is  under  control  of  the  re- 
gents, and  the  commissioner  is  their  executive  offi- 
cer, and  has  the  powers  conferred  by  the  University 
law  upon  the  secretary  (40:1904 ;  see  page  9). 

Government. — The  university  is  governed  and  its 
corporate  powers  exercised  by  11  regents,  elected 
each  for  11  years  by  joint  ballot  of  the  legislature. 

NOTE  1. — In  case  of  the  death,  resignation,  or  removal  from  the  State  of 
any  elective  recent,  his  successor  shall  be  chosen  by  the  legislature  in  the 
manner  provided  bylaw  for  the  election  of  senators  in  congress,  except 
that  the  election  may  take  place  at  any  time  during  the  session  of  the  legis- 
lature as  it  may  determine. 

NOTE  2. — No  person  shall  be  at  the  same  time  a  regent  of  the  University 
and  a  trustee,  president,  principal,  or  any  other  officer  of  any  institution, 
belonging  to  the  university. 

Officers. — The  elective  officers  of  the  university  are 
a  chancellor,  a  vice-chancellor,  and  such  other  offi- 
cers as  are  either  authorized  by  law,  or  deemed  neces- 
sary by  the  regents,  all  of  whom  are  chosen  by  bal- 
lot and,  except  the  commissioner,  whose  term  is  6 
years,  hold  office  during  the  pleasure  of  the  regents. 

NOTE.— No  election,  removal,  or  change  of  salary  of  an  elective  officer 
shall  be  made  by  less  than  ten  votes  in  favor  thereof.  Each  officer  so 
elected  shall,  before  entering  on  his  duties,  take  and  file  with  the  secretary 
of  state  the  oath  of  office  required  of  State  officers. 

Chancellor. — The  chancellor  presides  at  all  meet- 
ings of  the  regents,  confers  degrees  they  authorize, 
and  fixes  time  and  place  of  special  meetings. 


76          UNIVERSITY  OP  THE  STATE  OP  NEW  YORK 

NOTE. — In  his  absence  the  vice-chancellor,  or,  if  he  be  also  absent,  the 
senior  regent  present,  performs  the  duties  and  has  all  the  powers  of  the 
chancellor. 

Secretary. — The  secretary  is  responsible  for  the 
safe-keeping  and  proper  use  of  the  university  seal, 
and  of  the  books,  records,  and  other  property  in 
charge  of  the  regents,  and  for  the  proper  administra- 
tion and  discipline  of  its  various  offices  and  depart- 
ments. 

NOTE  1. — He  shall  give  bonds,  to  be  approved  by  the  chancellor,  in  writ- 
ing, in  the  penal  sum  of  $10,000  for  the  faithful  discharge  of  his  duties. 

NOTE  2. — He  shall  have  power  to  appoint,  subject  to  the  confirmation  of 
the  chancellor,  any  other  officer  of  the  university  as  his  deputy  to  exercise 
temporarily  any  specified  powers  of  the  secretary  in  his  absence. 

Meetings. — In  addition  to  the  annual  meeting,  the 
chancellor  shall  call  a  meeting  as  often  as  the  busi- 
ness of  the  university  requires,  or  if  5  regents  ir 
writing  so  request. 

NOTE  1. — At  least  10  days  notice  of  every  meeting  shall  be  given  to  each 
regent.  If  any  regent  shall  fail  to  attend  the  meetings  for  one  year  without 
written  excuse  accepted  as  satisfactory  by  the  regents,  he  shall  be  deemed 
to  have  resigned,  and  the  regents  shall  report  the  vacancy  to  the  legislature 
if  in  session,  or  at  the  opening  of  its  next  succeeding  session,  when  the  va- 
cancy must  be  filled. 

NOTE  2.— For  the  transaction  of  business,  10  regents  attending  shall  be  a 
quorum ;  but  the  regents  may  elect  an  executive  committee  of  not  less  than 
7,  which  in  the  interval  between  the  meetings  may  transact  such  business  of 
tho  regents  as  they  may  authorize,  except  to  grant  or  revoke  charters,  or 
grant  honorary  degrees. 

Degrees  and  diplomas. — The  regents  may  confer  by 
diploma  under  their  common  seal  such  honorary 
degrees  as  they  may  deem  proper,  and  may  estab- 
lish examinations  as  to  attainments  in  learning,  and 
award  and  confer  suitable  certificates,  diplomas  and 
degrees  on  persons  who  satisfactorily  meet  the  re- 
quirements prescribed. 


CONTROL  77 

Examinations. — They  shall  establish  in  the  acade- 
mies of  the  university,  examinations  in  studies  fur- 
nishing a  suitable  standard  of  graduation  from  the 
academies  and  of  admission  to  colleges,  and  certifi- 
cates or  diplomas  shall  be  conferred  on  students  who 
satisfactorily  pass  such  examinations. 

NOTE  1.— All  the  questions  In  arithmetic,  geography,  grammar,  and  spell- 
ing, up  to  June,  1892,  are  published  with  answers  in  a  single  volume  called 
"  The  Kegents'  Questions  Complete,  with  Key  ",  price  $2.00.  No  other  ques- 
tions with  answers  have  been  published,  but  the  questions  alone  for  the 
preceding  year  may  be  had  at  any  time  in  book  form  for  50  cts. 

NOTE  2. — Any  person  shall  be  admitted  to  these  academic  examinations 
who  shall  conform  to  the  rules  and  pay  the  fees  prescribed  by  the  regents, 
and  said  fees  shall  not  exceed  $1.00  for  each  academic  branch  and  $5.00  for 
each  higher  branch  in  which  the  candidate  is  examined. 

Control. — The  university,  including  the  State  li- 
brary and  the  State  museum,  and  such  other  depart- 
ments as  the  regents  may  establish,  is  under  the 
control  of  the  regents,  who  have  all  the  powers  of 
trustees,  including  full  authority  to  appoint  all 
needed  officers  and  employes ;  to  fix  their  titles, 
duties,  salaries  and  terms  of  service ;  to  make  all 
needed  regulations  to  buy,  sell,  exchange  or  receive 
by  will,  gift  or  on  deposit  articles  or  collections  prop- 
erly pertaining  thereto ;  to  maintain  lectures  con- 
nected with  higher  education  in  this  State ;  and  to 
lend  to  or  deposit  permanently  with  other  institu- 
tions books,  specimens  or  other  articles  in  their  cus- 
tody which,  because  of  being  duplicates  or  for  other 
reasons,  will,  in  the  judgment  of  the  regents,  be 
more  useful  in  the  said  institutions  than  if  retained 
in  the  original  collections  at  Albany. 


78  TKAINING     CLASSES 

State  publications. — The  regents  have  charge  of  the 
preparation,  publication,  and  distribution,  whether 
by  sale,  exchange  or  gift,  of  the  colonial  history, 
natural  history,  and  all  other  State  publications  not 
otherwise  assigned  by  law. 

To  guard  against  the  waste  of  destruction  of  State  publications,  and  to 
provide  for  the  completion  of  sets  to  be  permanently  preserved  in  American 
and  foreign  libraries,  the  regents  maintain  in  the  State  library  a  duplicate 
department  to  which  each  State  department,  board,  or  bureau  shall  send 
not  less  than  five  copies  of  each  of  its  publications  when  issued,  and  after 
completing  its  distribution,  any  remaining  copies  which  it  no  longer  requires. 
The  above  publications,  with  any  other  books  and  pamphlets  not  needed  in 
the  State  library,  constitute  the  duplicate  department,  and  the  rules  for 
sale,  exchange  or  distribution  from  it  are  fixed  by  the  regents,  who  use  all 
receipts  from  such  exchanges  or  sales  for  the  increase  of  the  State  library. 

TEACHERS'  TRAINING  CLASSES 

The  present  regulations  for  teachers'  training 
classes  (see  pp.  62,  63)  require  that  applications 
should  be  made  to  the  Department  by  May  1,  and 
show  compliance  with  the  following  conditions : 

(a)  To  furnish  an  instructor  or  instructors  of  the  class  for  not  less  (each 
day)  than  3  recitation  hours  of  45  minutes  each,  a  duly  qualified  teacher 
who  is  either  (1)  a  college  graduate  with  not  less  than  3  years'  experience  in 
teaching  in  the  public  schools  of  the  State ;  (2)  a  graduate  of  a  normal  school 
of  this  State  from  a  higher  course  than  the  elementary  course,  so  called,  of 
at  least  2  years'  experience  in  teaching  in  the  public  schools  of  the  State ; 
or  (3)  one  holding  a  State  certificate  granted  in  this  State  upon  examination 
subsequent  to  1875.    Such  instructor  or  instructors  must  be  approved  by  the 
State  superintendent  of  public  instruction,  the  same  as  are  teachers  em- 
ployed in  the  several  normal  schools  of  the  State. 

(b)  To  furnish  a  room  or  apartment  separate  from  all  other  departments 
of  the  school,  in  which  the  training  class  members  shall  be  seated  and  no 
others,  unless  it  may  be  the  members  of  the  graduating  class  of  the  current 
school  year. 

(c)  To  furnish  opportunity  for  the  class  or  some  members  thereof  each 
day  to  observe  methods  of  teaching  in  the  several  grades  of  common  school 
work,  and,  when  practicable,  actually  to  have  an  opportunity  to  teach  in 
such  grades  under  proper  criticism  and  direction. 


TRAINING     CLASSES  79 

(d)  To  conduct  the  recitations  in  the  several  subjects  belonging  to  the 
training  class  work  separately  and  distinct  from  all  other  recitations  in  such 
subjects. 

(e)  To  maintain  a  legal  class  for  at  least  36  weeks  in  the  year. 

(/)  To  observe  implicitly  the  conditions  of  admission  to  membership  in  the 
class. 

Assignments  are  made  with  reference  to  such  dis- 
tribution through  the  State  as  will  accommodate 
the  greatest  number  of  candidates  and  provide  the 
best  equipment. 

One  class  a  year  is  allowed,  for  not  less  than  36 
weeks,  of  not  less  than  10  or  more  than  25  mem- 
bers. 

The  compensation  is  $1.00  a  week  for  each  pupil ; 
but  not  more  than  $450  per  term  can  be  allowed  to 
any  one  institution. 

No  allowance  is  made  (a)  for  pupils  not  shown  by  reports  to  have  been 
eligible  to  enter  the  class,  as  explained  below ;  or  (b)  in  the  case  of  any 
pupil  for  1st  term  for  less  than  16  or  more  than  18  consecutive  weeks. 

(c)  In  report  for  2d  term,  all  pupils  who  were  members  of  class  for  1st 
term  for  less  than  16  weeks  and  who  remain  in  2d  term,  will  be  allowed  for 
all  weeks  of  consecutive  attendance  during  both  terms,  provided  the  total 
does  not  exceed  36  weeks. 

(d)  In  case  of  pupils  who  attend  1st  term  not  less  than  16  and  not  more 
than  18  weeks,  and  who  continue  in  2d  term  a  less  period  than  16  weeks, 
allowance  will  be  made  for  weeks  attended  in  2d  term,  provided  the  weeks 
of  attendance  in  both  terms  have  been  consecutive. 

(«)  No  allowance  will  be  made  for  any  pupil  who  leaves  the  class  before 
the  expiration  of  the  term,  except  by  permission  of  the  State  superintend- 
ent, and  no  such  permission  will  be  granted  during  the  year,  simply  in  order 
that  the  candidate  may  teach. 

Admission  of  pupils. — The  following  are  the  qual- 
ifications for  admission  of  pupils  to  the  class  : 

(a)  Candidates  must  be  at  least  17  years  of  age  at  the  time  of 
entrance. 


80  TRAINING     CLASSES 

(b)  They  must  subscribe,  in  good  faith,  to  t  Tie  following  declara- 
tion: 

We,  the  subscribers,  hereby  declare  that  our  object  in  asking  admission 
to  the  training  class  is  to  prepare  ourselves  for  teaching ;  and  that  it  is  our 
purpose  to  engage  in  teaching  in  the  public  schools  of  the  State  of  New  York, 
at  the  completion  of  such  preparation.  We  pledge  ourselves  to  remain  in 
the  class  during  the  year,  unless  prevented  by  illness,  or  else  excused  by  the 
superintendent  of  public  instruction. 

The  principal  and  school  commissioner  must  be  satisfied  that 
the  candidates  have  the  moral  character,  talents,  and  aptness 
necessary  to  success  in  teaching. 

(c)  Before  admission  they  must  hold  either  (1)  an  unexpired  3d 
grade  teacher's  certificate  and  have  attained  an  average  standing 
of  60  per  cent  in  civil  government,  under  the  uniform  examina- 
tions ;  or  (2)  &  regents'  preliminary  certificate,  together  with  14 
academic  counts,  4  of  which  are  in  English,  2  in  American  history, 
2  in  civil  government,  2  in  physiology,  and  the  other  4  optional. 

(d)  Candidates  entering  an  examination,  in  order  to  qualify  for 
entrance  to  any  training  class,  shall  present  to  the  examiner  a  cer- 
tificate from  some  reputable  teacher,  that  in  such  teacher's  judg- 
ment the  candidate  is  capable  of  passing  the  examination  and 
worthy  to  enter  a  training  class.     Such  certificate  shall  be  for- 
warded to  the  State  superintendent's  office  with  the  answer  papers 
of  the  candidate. 

Certificates. — Special  examinations  for  members  of 
training  classes  are  held  in  January  and  June,  and 
those  members  who  attain  the  standing  required 
for  certificates  of  the  2d  grade  receive  certificates 
known  as  "  Training  class  certificates  ",  valid  for  3 
years.  See  page  91. 

At  the  end  of  3  years'  successful  teaching,  this  certificate  is 
renewable,  like  1st  grade  certificates. 

Payment  for  instruction  will  be  refused  m  all  cases  where  members  of 
classes  fail  to  enter  the  examinations  provided,  unless  such  failures  are  sat- 
isfactorily explained  in  the  principal's  report. 


TRAINING   CLASSES   IN   CITIES  81* 

In  cities. — The  following  regulations  for  city  train- 
ing-classes in  cities  were  issued  by  the  State  superin- 
tendent April  6,  1896. 

Admission  of  pupils. — (a)  and  (b)  as  on  pp.  79,  80. 

(c)  Before  admission  they  must  hold  as  a  minimum  qualification 
either  (1)  a  diploma  of  graduation  from  a  high  school  or  an 
academy  having  a  course  of  study  approved  by  the  State  super- 
intendent (see  page  60) ;  or  (2)  a,  diploma,  from  an  institution  of 
equal  or  higher  rank  approved  by  the  same  authority. 

(d)  Graduates  from  institutions  in  the  State  of  New  York  will 
be  required  to  file  with  the  local  superintendent  a  certificate 
from  the  principal  teacher  of  the  institution  where  they  were 
graduated,  setting  forth  the  fact  of  graduation  at  the  completion 
of  the  required  course. 

(e)  Candidates  from  other  States  must  present  credentials  of 
graduation  from  an  institution  having  a  course  of  study  at  least 
equivalent  to  the  high  school  course  of  study  prescribed  in  this 
State,  and  such  credentials  must  be  forwarded  to  the  State  super- 
intendent for  approval. 

The  school  year  is  divided  into  2  terms,  but  may  not  consist  of 
more  than  40  weeks. 

The  compensation  is  $1.00  a  week  for  each  pupil ;  but  no  allow- 
ance will  be  made  for  any  pupil  (a)  not  shown  to  be  eligible,  or 
(b)  who  leaves  the  class  before  the  expiration  of  the  term  except 
by  permission  of  the  State  superintendent. 

No  pupil  may  be  admitted  after  the  report  of  organization  has 
been  forwarded. 

Four  hours  a  day  must  be  occupied  in  study  or  instruction,  or 
in  observation  of  model  teaching,  or  in  practice  work. 

Two  blank  forms  for  notice  of  organization  are  furnished,  and 
one  must  be  forwarded  to  the  department  of  public  instruction  at 
the  end  of  the  3d  week  after  the  organization  of  the  class,  the 
other  being  filed  with  the  local  superintendent. 

A  daily  register  will  be  furnished  each  class  in  which  the  daily 
attendance  must  be  kept.  The  qualifications  of  each  candidate 
must  be  entered  in  this  register,  and  the  credentials  filed  for 
inspection  in  the  office  of  the  local  superintendent. 


{(  plants      \ 
naturestudy          jamma*    (   ........... 
physiology  and  hygiene 


82*  TRAINING     CLASSES 

The  minimum  course  of  study,  to  be  completed  in  not  less  than 
450  hours,  is  as  follows  : 

1.  Psychology  and  principles  of  education  .........................  90  hours 

2.  History  of  education  .............................................  80     " 

8.  School  management  ..............................................  20      " 

4.  Methods  in  mathematics  ..........................................  40     * 

6.  Methods  in  reading,  spelling,  and  phonics  .......................  30 

7.  Methods  in  language,  composition,  and  grammar.  ...............  40 

8.  Methods  in  geography  ............................................  30 

9.  Methods  in  form  study  and  drawing  .............................  40 

10.  History,  civics,  and  school  law  ...................................  30 

11.  Physical  culture,  with  methods  ..................................  40 

12.  Methods  in  music  .................................................  20 

At  least  50  hours  must  be  spent  by  each  member  of  the  class 
in  practice  teaching. 

Special  examinations  will  on  application  be  rar- 
nished  by  the  department  of  public  instruction,  in 
order  that  the  members  of  city  training-classes  may 
be  eligible  to  appointment  in  the  schools  of  this 
State  outside  of  their  own  city,  to  begin  on  the  3d 
Thursday  of  January,  and  the  2d  Wednesday  of 
June.  Members  will  be  exempt  from  re-examina- 
tion in  any  subject  in  which  they  have  attained  75  % 
at  the  last  preceding  examination,  but  will  not  be 
admitted  to  examination  in  any  subject  they  have 
not  regularly  pursued  in  class.  The  members  will 
not  be  allowed  to  enter  any  other  uniform  examina- 
tions during  their  course  of  study. 

Training-class  certificates  will  be  given  to  those 
who  attain  75$  in  the  several  subjects,  when  the 
local  superintendent  states  that  he  deems  the  candi- 
dates worthy.  These  certificates  are  good  for  3 
years,  and  are  renewable  like  uniform  Ist-grades. 


TABULAR  ANALYSIS 

PAGE 

BUP'T  OF  PUBLIC  INSTRUCTION  -  •  9 

Election  .....  9 
Appeals  -  ...  9 

STATE  SCHOOL  MONEYS  ....  9 

How  made  up  .  -  -  9 

How  apportioned  by  the  superintendent  -  10 

How  apportioned  by  commissioners  -  10,  15 

How  distributed  by  the  State  and  county  treasurers  -  11 

How  distributed  by  the  siipervisor  12 

SUPERVISOR  -  -  -  -  -  12 

Town  school  treasurer  ...  13 

Report  to  county  treasurer  -  -  13 

Failure  to  pay  county  tax  ...  13 

TOWN  CLERK  -  -  -  •  13 

Records  .....  13 

Reports  of  trustees  -  -  -  13 

Alteration  of  boundaries  •  •  14,  17 

SCHOOL  COMMISSIONER  -  -  -  -14 

Election  ....  14 

Qualifications  -  -  -  .  14 

Salary  .....  14 

Removal  -  •  -  -  15 

Apportionment  -  -  -  .  10,  15 

Visitation  -  -  -  •  15 

Condemnation  of  schoolhouses  -  -  15 

Examination  of  teachers  -  16 

Annulment  of  licenses  -  -  -  16 

Teachers'  classes  -  16 

Teachers'  institutes  -  16 

District  boundaries  -  -  -17 
(81) 


82         SCHOOL  LAW  OF  THE  STATE  OP  NEW  YORK 

PAGB 

Reports        -                          -  18 

CITY  AND  VILLAGE  SUPERINTENDENTS  18 

Limit  of  population                -  18 

DISTRICT  MEETINGS             ...  19 

Time  and  place       -  19 

In  districts  of  300  children  19 

Special  meetings                 -               -  20 

Qualifications  of  voters  -  20 

Illegal  voting        ...  21 

Powers  of  School  Meeting             -  22 

Election  of  officers               -  22 

Sites  and  buildings     -               -  -         23,  31,  32,  56 

Purchase  of  apparatus        -  23,  48 

DISTRICT  CLERK                                 -  24 

Duties       -  24 

Notices  of  election          -  25 

Penalties                   ...  25 

DISTRICT  COLLECTOR            ...  25 

Bond  required         ...  25 

Vacancy           ...  26 

Delivery  of  warrant                -               -  26,  30,  32 

Renewal  of  warrant        -  26 

Posting  notices        -  26 

Compensation                 -              -  26 

Enforcement  of  tax  levy         -  27 

May  sell  personal  property  but  not  real-estate  27 

Money  held  in  trust                -               -  27 

Unpaid  taxes                  -  28 

TREASURER                    ...  28 

TRUSTEES                              -  28 

Number                                   -               -  28 

Office  how  vacated                        -  29 

Removal  by  superintendent               -  29 

Vacancies  how  filled    -  29 

May  fill  other  vacancies                         -  30 

Board  meetings                              .  •  .                          30 


TOPICAL   ANALYSIS  83 

PAGE 

Powers  and  duties  30 

Make  out  tax-list  -     30,  46 

Limit  to  tax  for  building  31 

Schoolhouses  condemned       -  32 

Purchase  or  lease  a  schoolhouse  site                -  32,  56 

Have  custody  of  property  32 

Employ  teachers  33 

Qualified  teachers  -     33,  46 

Not  limited  by  wishes  of  district    -  33 

Sole  trustee  may  employ  in  advance     -  33 

Relationship  a  bar  to  employment  34 

Make  written  contract  with  teachers        -  34 

Dismissal  of  teachers  35 

The  power  to  dismiss  36 

Establish  regulations  and  courses  of  study         -      37,  55,  58 

Attendance  37 

Children  of  school  age  37 

Suspension  and  expulsion      -  38 

For  tardiness  38 

For  absence  39 

For  non- vaccination      -                               -  42 

The  compulsory  law  43 

Course  of  study  43,  55 

Text-books  -     44,  55 

Changing  text-books    -  44 

Religious  exercises  44 

Conduct  of  pupils  45 

Give  to  teachers  orders  for  their  wages        -  46 

Payment  of  unqualified  teacher        -  33,  46 

Outbuildings  47 

Purchase  of  apparatus  -      23,  48,  57 

Libraries  48 

Branch  schools  49 

Contracts  with  city  schools        -  49 

Records  49 

Payment  to  themselves  50 

Reports                    -               -  50 


84    SCHOOL  LAW  OF  THE  STATE  OF  NEW  YORK 

PAGE 

UNION  FREE  SCHOOLS  50 

Establishment  50 
Union  meeting  51 
Election  of  board  of  education  51 
Change  in  number  of  members  -          52 
Dissolution  52 
Notice  to  commissioner  53 
Annual  meeting       -  54 
Powers  of  a  board  of  education    -  54 
Establish  rules  and  regulations  55 
Prescribe  the  course  of  study    -  55 
Prescribe  the  text  books  used        -  55 
Furnish  to  pupils  if  so  voted             -  55 
Purchase  sites  and  construct  schoolhouses  -                  56 
In  villages  and  cities  56 
In  other  union  free  school  districts  -                  57 
Purchase  furniture  and  apparatus  -           57 
Keep  schoolhouse  and  furniture  in  repair  -                  58 
Have  superintendence  of  school  58 
Establish  an  academic  department  59 
Admission  to  the  regents        -  59 
Employ  teachers  63 
Appoint  a  superintendent  64 
Publish  financial  report     -  65 
Appoint  truant  officer  65 
Cause  instruction  to  be  given  in  drawing  and  music         65 
Establish  kindergarten  and  manual  training  depart- 
ments 66 
Open  schools  for  colored  children  66 
Celebrate  arbor  day  66 
Present  estimate  of  money  required        -  67 
Levy  tax  for  expenses  not  provided  for  68 
DISTRICT  AND  UNION  FREE  SCHOOLS  COMPARED  68 
NORMAL  SCHOOLS  70 
Local  boards  70 
Management  70 
Course  of  study             -  70 


TOPICAL   ANALYSIS  85 

PAGE 

Admission  of  pupils  71 

Expenses  of  pupils  -  71 

Academic  departments  71 

INDIAN  SCHOOLS  -  72 

Management  .  72 

Public  moneys  ...  73 

INSTITUTIONS  FOK  THE  DEAF  AND  DUMB,  AND  FOR  THE  BLIND  72 

Management  ...  -  72 

Admission  72 

CORNELL  SCHOLARSHIPS  -  73 

Number  -  73 

How  awarded  -  73 

UNIVERSITY  OK  THE  STATE  OF  NEW  YORK  74 

History  -  -  -  74 

Objects  -  74 

Extent  of  jurisdiction  -  -  74,  77 

Government  ....  75 

Officers  -  75 

Chancellor  ...  75 

Secretary  -  -  76 

Meetings  -  76 

Degrees  and  Diplomas  -  -  76 

Examinations  -  77 

Control  -  77 

State  Publications  -  78 


PART     IT 

THE    TEACHER 


THE  TEACHER 


CHAPTER  I 
THE  TEACHER'S  QUALIFICATION 

Necessity  of  a  license. — In  most  States  of  the  Union 
no  person  can  legally  contract  to  teach  in  any  pub- 
lic school  unless  he  holds  a  certificate  of  qualifica- 
tion, granted  by  an  authority  established  for  this 
purpose  by  statute.  (See  pages  33,  105.) 

How  licenses  are  obtained. — No  person  can  contract 
to  teach  or  draw  pay  for  teaching  in  the  public 
schools  of  New  York  who  is  not  legally  qualified  by 
holding  an  unexpired  and  unannulled  certificate  of 
one  of  these  nine  kinds  (vii.  38) : 

a.  A  uniform  certificate  of  the  1st,  2d,  or  3d  grades. 
6.  A  training  class  certificate. 

c.  A  drawing  certificate. 

d.  A  kindergarten  certificate. 

e.  A  vocal  music  certificate. 

/.  A  college  graduate's  certificate. 
g.  A  State  certificate. 
h.  A  normal  diploma. 
i.  A  temporary  license. 

a.  Uniform  certificates. — These  are  granted  upon 
examinations  held  by  the  school  commissioners  at 
stated  times  upon  questions  prepared  and  sent  out 

(89) 


90  THE  TEACHER'S  QUALIFICATION 

sealed  by  the  Department  of  Public  Instruction  at 
Albany.  The  papers  of  candidates  are  forwarded 
to  Albany,  and  there  examined  and  marked  by  a 
board  of  examiners. 

Similar  laws  have  been  enacted  in  other  States  Ala.  (1899, 
p.  217);  Ind.  ^1899:206). 

3D  GRADE. — This  certificate  is  open  to  persons  without  experi- 
ence. The  subjects  are  (1)  American  history,  (2)  arithmetic,  (3) 
composition,  (4)  geography,  (5)  grammar,  (6)  orthography ,  (7)  pen- 
manship, (8)  physiology  and  hygiene  with  questions  upon  the 
effects  of  narcotics  and  stimulants,  (9)  reading,  (10)  school  law. 

See  the  table  facing  title-page. 

The  candidate  must  reach  75  per  cent  in  each  subject. 

He  need  not  pass  the  entire  examination  at  one  trial,  but  may  obtain 
the  required  standing  at  any  four  successive  trials  within  one  year. 

The  certificate  will  not  be  given  till  the  candidate  has  made  an  engage- 
ment to  teach  approved  by  the  commissioner,  which  must  be  within  6 
months  of  the  final  examination. 

A  commissioner  refusing  to  grant  a  certificate  to  teach  a  large  school  to 
an  applicant  whom  he  considers  competent  to  teach  and  govern  a  smaller 
school,  will  be  sustained  unless  it  clearly  appears  that  he  so  decided  from 
improper  motives  (D.  3597). 

If  the  candidate  wishes  to  teach  in  another  commissioner-district,  the 
commissioner  of  the  district  in  which  the  teacher  was  examined  must  upon 
requisition  forward  the  standings  to  the  commissioner  in  whose  district  the 
candidate  wishes  to  teach. 

A  teacher  must  attend  the  examinations  in  his  own  district  or  obtain 
permission  of  his  commissioner  to  attend  those  in  any  other  district;  other- 
wise the  certificate  obtained  in  such  other  district  need  not  be  endorsed 
(D.4728). 

It  is  good  for  one  year  from  the  time  it  is  issued.  Only  one  3d  grade 
certificate  will  be  granted  to  the  same  person.  The  next  time  he  must 
secure  at  least  a  2d  grade. 

2o  GRADE.— This  certificate  is  open  to  those  who  have  had  at 
least  ten  weeks  experience. 

The  subjects,  in  addition  to  those  for  the  3d  grade  are  (11) 
civil  government,  (12)  current  topics,  (13)  drawing,  (14)  methods 
and  school  economy. 

The  candidate  must  reach  65  per  cent  in  drawing,  and  75  per  cent  in 
each  of  the  other  subjects. 


NEW   YORK   UNIFORM   CERTIFICATES  91 

Teachers  who  have  earned  3d  grade  certificates  will  be  exempt  during, 
the  time  such  certificates  are  valid  from  further  examination  in  the  10  sub- 
jects, and  by  passing  in  the  4  additional  subjects  may  receive  a  2d  grade 
certificate. 

They  may  obtain  the  required  standing  within  2  years  from  the  date  of 
the  first  examination  they  attend. 

The  certificate  must  be  issued  within  6  months  of  the  time  of  the  final 
examination,  and  will  be  good  throughout  the  State  (D.  4888)  for  3  years. 
Only  one  certificate  of  this  grade  is  granted  to  the  same  person.  The  next 
time  he  must  obtain  a  1st  grade. 

IST  GRADE. — This  certificate  Is  open  to  persons  who  have 
taught  at  least  2  years. 

The  subjects  are  in  addition  to  those  of  the  3d  and  2d  grades, 
except  reading,  (15)  algebra,  (16)  book-keeping,  (17)  physics,  (18) 
advanced  English,  (19)  history  of  education. 

The  candidate  must  reach  65  per  cent  in  drawing,  and  75  per  cent  in 
each  of  the  other  subjects. 

Candidates  who  attain  the  required  percentage  in  any  of  the  subjects 
but  not  in  all,  will  receive  partial  certificates ;  and  on  passing  in  the  remain- 
ing subjects  at  either  or  both  the  next  two  examinations  will  rece've  full 
certificates.  Those  failing  to  obtain  a  1st  grade,  but  acquiring  a  standing 
sufficient  for  a  2d  or  3d  grade  certificate,  are  entitled  to  such  certificate. 

Persons  who  attain  90  per  cent  in  each  subject  for  the  2d  grade  certifi- 
cate will  be  exempt  from  examination  for  1st  grade  certificates  in  the  14 
subjects,  and  will  be  allowed  3  years  in  which  to  complete  the  examination 
in  the  other  5  subjects.  Persons  who  have  taught  5  years  successfully  on  a 
2d  grade  certificate  in  examination  for  1st  grade  certificate  will  be  exempt 
from  examination  in  subjects  on  which  they  attained  75  per  cent  on  their 
present  2d  grade  certificate. 

The  certificate  must  be  issued  within  6  months  of  the  final  examination, 
and  will  be  good  throughout  the  State  (D.  4888)  for  10  years. 

If  the  holders  have  taught  under  them  successfully  5  years,  they  may 
be  renewed  by  any  commissioner  in  the  State  for  corresponding  periods 
without  examination. 

Endorsements. — To  be  valid,  certificates  must  be  endorsed  by 
the  commissioner  of  the  district  in  which  the  school  is  to  be 
taught,  but  the  possession  of  a  1st  or  3d  grade  certificate  is  suf- 
ficient evidence  of  qualification  to  make  a  contract  valid,  since 
commissioners  must  endorse  it  unless  there  is  valid  reason  to  the 
contrary  (D.  4888).  With  such  reason  he  may  refuse  (D.  4743). 

b.  Training-class  certificate. — This  is  open  only 
to  members  of  training-classes  (see  page  78). 


92  THE  TEACHER'S  QUALIFICATION 

The  subjects,  in  addition  to  those  of  the  3d  grade  certificates, 
include  the  history  of  education. 

The  candidate  must  reach  75  per  cent  in  every  subject. 

The  certificate  is  good  for  3  years. 

It  may  be  renewed  without  examination,  like  a  1st  grade  certificate. 

c.  Drawing  certificate. — This  certificate  is  open 
to  persons  (a)  of  one  year's  successful  experience  in 
public  schools ;  or  (6)  who   have   had   one   year's 
work  in  professional  training  in  a  New  York  State 
normal  school  or  training-class. 

The  candidate  must  reach  the  standing  required  for  a  3  grade  certificate. 
The  certificate  is  good  for  3  years,  and  is  renewable  like  1st  grades.    It 
entitles  its  holder  to  teach  drawing  only. 

The  subjects  are  those  of  a  3d  grade  certificate,  and  a  special 
examination  in  drawing,  to  be  held  on  the  day  before. 

d.  Kindergarten  certificate. — This  certificate  is 
open  to  those  who  have  had  one  year's  professional 
training  in  kindergarten  work  in  a  New  York  State 
normal  school  or  training-class. 

The  subjects  are  methods,  school  economy,  history  of  educa- 
tion, art  of  questioning,  and  kindergarten  work. 

The  candidate  must  reach  75  per  cent  in  each  subject. 

The  certificate  is  good  for  3  years,  and  is  renewable  like  1st  grades.  It 
entitles  the  holder  to  teach  in  a  kindergarten  only. 

e.  Vocal  music   certificate. — This    certificate  is 
open  to  candidates  who  establish  to  the  satisfaction 
of  the  State  superintendent  that  they  are  qualified 
to  teach  vocal  music. 

It  is  issued  for  3  years,  and  is  renewable  like  1st  grades.  It  entitles  the 
holder  to  teach  music  only. 

These  regulations  for  special  certificates  in  drawing,  kinder- 
garten, and  vocal  music  went  into  effect  Jan  1, 1896.  Previously 
New  York  had  required  regular  certificates  of  all  special  teachers 
(xv.  24).  though  in  many  other  States  distinctions  have  been 
made  in  their  favor. 


NEW   YORK    UNIFORM   CERTIFICATES  93 

Thus  N.  J.  (139)  requires  of  special  teachers  examination  only  in  the 
subject  to  be  taught;  Wash.  (42)  and  Colo.  (44)  exempt  specialists  in  music, 
languages,  drawing  and  painting;  S.  Dak.  (12)  adds  to  these  teachers  of 
book-keeping  and  kindergarten;  and  Utah  (12)  says  that  teachers  of  special 
subjects  may  be  paid  though  they  hold  no  certificates. 

f.  College  graduate  certificate. — This  may  be 
granted  by  the  State  superintendent  to  college 
graduates  of  three  years  successful  experience. 

To  be  eligible  the  candidate  must  first  have  secured  by  examination  a 
3d-grade  uniform  certificate. 

A  graduate  of  an  approved  college  who  has  completed  an  ap- 
proved pedagogical  course  will  on  certificate  from  the  proper  col- 
lege authority  receive  a  college  graduate  professional  certificate 
valid  for  three  years.  During  this  period  his  work  will  be  in- 
spected, and  if  it  be  satisfactory  the  certificate  will  be  made 
permanent. 

To  meet  the  requirements  of  the  statute  relating  to  the  pro- 
fessional training  of  teachers  and  the  regulations  of  the  depart- 
ment, established  in  accordance  therewith,  a  college  or  university 
organizing  a  teachers'  training  department  must  comply  with 
the  following  conditions : 

(a)  Establish  a  regular  chair  of  pedagogy;  (b)  adopt  a  profes- 
sional course  of  study  approved  by  the  State  superintendent;  (c) 
furnish  at  the  beginning  of  each  year  a  list  of  the  students  regis- 
tered for  this  course,  and  at  the  close  of  the  year  a  report  of  the 
year's  work. 

The  course  must  include  during  the  last  2  years  30  hours  in  logic,  40  in 
history  of  education,  60  in  psychology,  and  120  in  philosophy  and  princi- 
ples of  education. 

Before  entering  upon  the  course  students  must  pass  an  elementary  ex- 
ination  in  arithmetic,  algebra,  American  history,  civics,  geography,  physi- 
ology, physics,  grammar,  English  composition,  and  orthography,  attaining 
75*  in  each  subject. 

Where  equity  demands  it,  students  may  be  allowed  to  take  this  examin- 
ation after  entering  upon  their  professional  study. 

g.  State  certificate. — This  certificate  is  open  to 
persons  of  at  least  two  years  experience. 

The  subjects  (see  table  opposite  title  page),  in  addition  to  those 
for  1st  grade,  are  (20)  analysis  (grammatical),  (21)  astronomy,  (22) 
botany,  (23)  chemistry,  (24)  geology,  (25)  general  history,  (26) 


94  THE  TEACHER'S  QUALIFICATION 

geometry  (plane),  (27)  literature,  (28)  philosophy  of  education,  (29) 
rhetoric,  (80)  zoology.  The  ability  to  read  easy  (31)  French  or 
(32)  German  at  sight,  or  (33)  Latin  though  three  books  of  Caesar, 
will  be  accepted  in  place  of  astronomy  or  zoology. 

The  candidate  must  reach  75  per  cent  in  the  subjects  italicized,  and  an 
average  of  75  per  cent  in  the  rest,  but  no  paper  marked  less  than  50  per  cent 
will  be  considered  in  this  average. 

A  candidate  who  passes  in  any  5  subjects,  except  orthography  and  pen- 
manship, but  not  in  all,  will  receive  a  partial  certificate  for  those  in  which 
he  has  passed,  and  on  passing  the  rest  at  either  or  both  the  next  two  exam- 
inations will  receive  a  full  certificate.  Within  five  years  of  issue,  these  par- 
tial certificates  will  be  recognized  by  commissioners  ill  the  subjects  in  which 
the  candidate  has  attained  75  per  cent. 

The  certificate  is  good  for  life. 

The  examination  papers  for  all  the  Uniform  and  State  exam- 
inations that  have  been  held  are  published  in  book-form  in  vari- 
ous editions,  and  may  be  had  from  the  publisher  of  this  volume. 

h.  Normal  diploma. — In  New  York  the  diploma 
of  a  State  normal  school  (see  pages  70-72)  is  a  life 
certificate  to  teach  in  this  State. 

This  is  not  the  practice  in  most  other  States. 

i.  Temporary  licenses. — In  addition  to  the  fore- 
going certificates,  the  State  superintendent  of  public 
instruction  will,  in  his  discretion,  issue  temporary 
licenses  for  a  time  not  exceeding  6  mouths,  but  only 
in  cases  in  which  public  convenience  absolutely 
requires  it,  and  then  only  upon  the  recommenda- 
tion of  the  school  commissioner  having  jurisdiction. 

No  temporary  license  will  be  granted  unless  satisfactory  evi- 
dence is  furnished  that  the  candidate  is  qualified,  and  sufficient 
reasons  are  given  why  the  candidate  is  not  the  holder  of  a 
regular  certificate. 

Certificates  of  other  States. — The  New  York  law 
permits  the  State  superintendent  to  endorse  the  cer- 


LICENSES   ONLY   UPON    EXAMINATION  95 

tificates  of  other  States,  and  the  Department  will 
endorse  life  certificates  and  normal  diplomas  from 
States  which  endorse  New  York  certificates,  and 
which  maintain  standards  corresDonding  with  those 
of  New  York. 

It  has  hitherto  declined  to  endorse  limited  certificates,  but  may 
consider  limited  certificates  from  States  which  endorse  our  1st 
grade  certificates. — 8.  B.  xxi.  168. 

Comparatively  few  States  have  thus  far  Riven  power  to  endorse  certifi- 
cates from  other  States.  Ks.,  Mich.,  N.  J.,  Ore.,  Tenn.,  Vt,  Wash.,  Wis.,  now 
permit  this ;  and  Neb.  endorses  normal  diplomas. 

Examination  a  requisite. — It  will  be  observed  that 
in  New  York  all  licenses  now  depend  upon  examin- 
ation, and  this  rule  is  becoming  universal  in  all 
States. 

In  the  few  States  where  the  employing  authority  is  still  also  the  licens- 
ing authority  a  formal  examination  is  sometimes  waived,  as  the  employment 
of  the  teacher  is  in  itself  an  evidence  that  the  licensing  authority  has  decided 
that  he  is  competent  to  teach.  K.  I.  (256). 

The  tendency  is  also  to  trust  less  and  less  to  the  general 
impression  of  the  examiners  and  depend  more  and  more  on  fixed 
requirements.  The  uniform  examinations  of  New  York,  where 
the  same  questions,  prepared  from  a  central  office,  are  used 
simultaneously  all  over  the  State,  and  papers  examined  at  the 
central  office,  have  set  an  example  which  is  bearing  influence  in 
all  directions,  and  in  some  States  is  already  followed. 

In  many  States  teaching  is  limited  to  those  subjects  in  which  the  candi- 
date has  been  examined.  La.  (8, 35),  Pa.  v!35),  Va.  (89),  Nev.  (20).  In  some  the 
wages  are  made  dependent  on  the  grade  of  the  certificate.  See  page  119. 

Some  States  impose  special  penalties  in  the  law  against  those  who  shall 
be  dishonest  in  the  examination.  Thus,  in  Ky.  (35)  and  in  So.  Dak.  (4),  any 
person  who  unlawfully  obtains,  or  attempts  to  obtain,  or  sells,  barters  or 
gives  away  to  an  applicant  for  a  certificate,  or  any  other  person  any  ques- 
tion or  questions  prepared  or  sent  out  by  the  State  board  of  examiners,  is 
guilty  of  misdemeanor,  and  must  be  fined  not  less  than  850  nor  more  than 
$100 ;  and  in  Fla.  ("20),  any  person  or  persons  who  are  found  guilty  of  secur- 
ing or  attempting  to  secure  the  prepared  questions,  or  who  furnish  the  pro- 


96  THE  TEACHER'S  QUALIFICATION 

pared  questions  to  any  teacher  or  other  person  in  any  other  way  than  pre- 
scribed, are  debarred  from  teaching  a  school  or  from  holding  any  school 
office  in  the  State. 

Further  requirements. — While  examination  is  com- 
monly the  first  step  toward  obtaining  a  license,  it 
does  not  of  itself  entitle  a  candidate  to  a  license. 
It  is  sufficient  proof  of  scholarship  ;  but  the  examin- 
ing-officer  is  required  to  satisfy  himself  also  that  the 
candidate  is  personally  a  fit  person  to  be  a  teacher, 
and  he  must  refuse  a  license  unless  the  evidence  on 
this  point  is  satisfactory  to  him. 

A  commissioner  is  justified  in  withholding  a  certificate  to 
teach  from  any  applicant,  where  Tie  is  satisfied  that  evidence  of 
good  character  does  not  appear.  *  *  *  It  must  be  borne  in 
mind  that  the  commissioner  is  the  servant  of  the  people,  pledged 
to  protect  their  interests  and  rights  in  matters  pertaining  to  the 
education  of  their  children,  and  he  has  no  right  to  imperil  these 
interests  by  legalizing  the  presence  and  labors  amongst  them  of 
a  person  concerning  whose  moral  remitation  there  is  a  doubt. 
(D.  4202,  3750),  Pa.  (241). 

But  renewal  cannot  be  refused  for  saying  to  a  pupil,  "  If  you  do  not  stop 
your  monkeying,  I  will  heat  a  poker  red-hot  and  pass  it  down  your  back," 
If  on  the  whole  a  successful  school  has  been  conducted  (D.  3614). 

It  is  obvious  that  a  teacher  might  have  the  necessary  literary  acquire- 
ments and  capacity  to  govern,  and  be  a  person  of  good  moral  character,  and 
yet  be  an  unfit  person  for  the  services  required.  A  teacher  might  have  per- 
sonal habits  or  manners  so  offensive  as  to  make  his  influence  upon  the 
scholars  injurious.  He  might  be  too  severe  in  his  requirements ;  inclined  to 
devote  too  much  time  to  the  older  or  better  scholars,  at  the  expense  of  the 
younger  or  more  ignorant ;  a  person  of  strong  prejudice  ;  a  decided  partisan 
and  propagandist  in  politics  or  religion;  unskilful  in  imparting  knowledge, 
or  unable  to  appreciate  the  difflulties  of  beginners  ;  and  still  be  a  person  of 
sound  morals,  great  learning,  and  undoubted  capacity  to  govern.  Yet  all 
these  considerations  might  very  properly  be  regarded  in  considering  "  his 
qualifications  for  teaching  "  1.  See  R.  I.  (249). 

The  following  principles  laid  down  in  the  Ky.  Report  for  1878, 
p.  180,  will  always  be  of  much  weight : 

1178. 


FURTHER    REQUIREMENTS  97 

The  qualification  required  of  a  candidate  is  to  teach  the  elements  of  a 
plain  English  education.  It  is  not  unfrequently  the  case  that  a  candidate 
may  be  thoroughly  versed  in  certain  branches,  and  yet  be  void  of  all  apti- 
tude to  impart  instruction  and  draw  out  mind  [sic].  The  board  in  grading  a 
certificate,  should  therefore  address  itself  more  to  the  teaching  capacity  of 
an  applicant  than  to  the  amount  of  knowledge  he  may  possess.  The  art  of 
teaching  being  of  so  great  importance,  the  examiners  should  value  highly  a 
habit  of  inquiry  into  the  best  modes  of  instruction.  If  the  candidate  has 
read  and  is  familiar  with  the  best  treatises  on  pedagogics,  and  is  a  sub- 
scriber to  a  school  journal,  these  facts  should  add  at  least  20  per  cent  to  the 
merit  of  an  examination,  and  also  help  to  determine  the  class  and  grade  of 
a  certificate, 

In  this  matter  the  law  leaves  much  to  the  dis- 
cretion of  the  licensing  officer,  but  it  does  not  per- 
mit him  to  refuse  a  license  out  of  malice  or  ill-will1. 

It  has  been  decided  that  in  such  a  case  the  teacher  may 
recover  damages  at  law ;  nor  is  he  compelled  in  order  to  show 
malice  on  the  part  of  the  officer  to  prove  personal  malice  or  ill- 
will,  for  if  the  officer  acted  rashly,  wickedly,  or  wantonly  in 
refusing  the  license,  the  jury  may  find  malice8. 

The  New  York  law  requires  the  commissioner  to 
inquire  into  the  moral  fitness  and  capacity  of  can- 
didates before  granting  them  certificates  of  qualifi- 
cation (p.  16),  and  a  commissioner  is  under  no  obli- 
gation to  give  a  reason  for  not  granting  a  certificate 
(D.  3817). 

All  the  reasons  that  justify  the  annulling  of  a 
license  (see  pages  99-104)  still  more  justify  the  with- 
holding of  a  license. 

The  Ark.  School  Law  (36)  forbids  granting  a  certificate  to  a 
teacher  who  does  not  believe  in  the  existence  of  a  supreme  being, 
and  the  R.  I.  Law  (307)  says  : 

While  a  committee  should  not  endeavor  to  inquire  into  the  peculiar 
religious  or  sectarian  opinions  of  a  teacher,  and  should  not  entertain  any 

1  88,  115.     2  30,  36. 


98  THE  TEACHER'S  QUALIFICATION 

preferences  for  or  prejudices  founded  on  any  such  grounds,  they  ought 
without  hesitation  to  reject  every  person  who  is  in  the  habit  of  ridiculing, 
deriding,  or  scoffing  at  religion. 

But  some  States  warn  against  any  reference  to  religion.  Ariz. 
(27),  Wy.  (35). 

The  teacher  may  appeal. — In  New  York,  the  proper 
appeal  is  to  the  State  superintendent.  See  page  135. 

The  courts  cannot  compel  the  licensing  officer  to  grant  a  certificate  1, 
but  they  may  compel  him  to  act  upon  an  application  for  one  2,  and  if  he 
acts  from  corrupt  motives  he  may  be  held  to  have  acted  maliciously. 

Restriction  upon  city  and  milage  teachers*. — In  cities  and  in 
villages  employing  a  superintendent  (see  page  18)  (a)primary  and 
grammar  teachers  must  either  (1)  hold  a  New  York  State  or  college 
graduate  certificate  or  normal  diploma;  or  (2)  have  had  3  years 
successful  experience  and  a  valid  certificate;  or  (3)  have  gradu- 
ated from  high  school,  academy,  or  institution  of  like  rank,  and 
subsequently  from  a  training-class  (see  page  78). 

The  city  may  require  additional  qualifications,  but  one  of  these  three 
must  be  insisted  on. 

A  normal  diploma  from  another  State  will  be  sufficient,  when  the  course 
has  been  approved  by  the  State  superintendent. 

The  high  school,  academy,  or  institution  of  like  rank  must  have  a  course 
of  study  approved  by  the  State  superintendent  and  the  training  class  must 
have  a  course  of  study  of  not  less  than  38  weeks,  also  approved  by  the  State 
superintendent.  For  his  requirements,  see  pages  60,  78. 

(b)  High  school  teachers*  are  not  subject  to  these  restrictions, 
the  only  requirement  being  that  they  hold  some  valid  form  of 
license. 

Licenses  may  be  annulled  in  New  York  for  lack  of : 

(a)  Moral  character ;  (b)  learning  ;  (c)  ability  to  manage  the 
school :  (d)  attendance  at  institute  ;  (e)  keeping  engagement  to 
teach. 

A  certificate  once  obtained  is  m  New  York  conclusive  evidence  of 
scholarship  (D.  4268). 

1  36.  2  97,  43  la.  592,  37  Conn.  103,  23  Neb.  655.  N.  W.  Rep.,  N.  S.  ii. 
1009;  High's  Extraordinary  Legal  Remedies  §§  24,  34.  43.  3  By  chap.  1031, 
laws  of  1895.  4  See  circular  of  State  superintendent  going  into  effect 
Aug.  1,  1901,  afterwards  rescinded. 


ANNULLING   OP   LICENSES  99 

a.  Moral  character. — In  New  York  any  form  of 
certificate  may  be  annulled  by  the  commissioner  (v. 
13.6)  or  by  the  State  superintendent  (i.  11)  upon 
satisfactory  evidence  against  the  moral  character  of 
the  holder.  See  page  16. 

This  is  justly  regarded  as  a  severe,  almost  a  dis- 
astrous punishment,  and  in  all  States  precaution  is 
taken  to  guard  the  teacher  against  injustice.  Thus  : 

(1)  ONLY  PRESENT  OFFENCES  CONSIDERED. — A  certificate  may 
not  be  annulled  for  moral  delinquencies  known  at  the  time  of  issu- 
ing tJie  certijkate,  where  no  subsequent  bad  conduct  of  the  kind 
is  known  to  have  occurred. 

On  the  other  hand  it  may  be  annulled  for  any  cause  which  if  known  at 
the  time  of  issuing  the  certificate  would  have  been  sufficient  ground  for 
Withholding  it.  Mont.  (50),  Neb.  46),  N.  D.  (58,  60),  Ore.  (69),  S.  D.  (7). 

(2;  THE  TEACHER  MUST  HAVE  NOTICE,  and  opportunity  to  de- 
fend himself  (v.  13.6);  R.  I.  (251). 

The  notice  should  be  at  least  10  days l.  The  respondent  must 
have  opportunity  to  defend,  to  confront,  and  to  cross-examine  the 
witnesses  against  him  (D.  3510). 

In  some  States,  where  the  offence  comes  under  the  personal  observation 
of  the  commissioner,  as  where  a  teacher  writes  to  the  commissioner  a  scur- 
rilous and  obscene  letter  (D.  3SW8),  no  notice  is  required.  S.  D.  (60). 

(3)  THE  CHARGES  MUST  BE  DEFINITE  AND  SPECIFIC  ;  if   Of   an 

immoral  habit,  one  or  more  instances  must  be  specified. 

No  general  charge  of  immoral  character  will  be  sufficient  to  put  a  per- 
son on  the  defensive.  The  charges  should  specify  immoral  acts  of  the 
teacher  and  should  be  drawn  with  as  much  care  and  distinctness  as  an  in- 
dictment, so  that  she  may  know  just  what  she  must  meet  (D.  3510). 

(4)  THE  OFFENCE  MUST  BE  SERIOUS,  so  as  to  make  the  teacher's 
presence  dangerous  to  the  well-being  of  the  school. 

In  New  York  it  has  been  decided  that  though  intemperance  is  a  sufficient 
charge  (D.  1942),  the  annulment  may  be  withheld  where  there  is  fair  hope  of 
reform  (D.  1907.  See  Ala.  [31] ;  Ohio  [139] ).  A  single  profane  expletive  ut- 
tered out  of  school  and  under  sudden  provocation  would  not  warrant 
annulment  (D.  2003). 


100  THE  TEACHER'S  QUALIFICATION 

In  New  York  a  certificate  may  not  be  annulled  because  the  teacher 
does  not  pay  his  debts  (D.  3686),  though  in  1877  the  State  superintendent 
of  Wisconsin  decided  otherwise. 

But  the  State  superintendent  will  annul  any  certificate  for  frequenting 
saloons  and  disorderly  houses  (D.  3863),  for  advertising  pictures  supposed  to 
be  obscene  (D.  3866),  and  for  inflicting  cruel  punishment  (D.  3863). 

All  States  authorize  the  revocation  of  certificates  for  unmoral  conduct. 
Ha.  (23,  38)  specifies  "  proven  guilty  of  any  gross  immorality  ".  Cal.  (31)  and 
Ore.  (14)  add  "  for  unprofessional  conduct "  ;  N.  C.  (43)  adds  "  or  other  con- 
duct unbecoming  a  teacher  "  ;  Pa.  (341,  248)  and  Ga.  (21)  add  "cruelty"  ;  S. 
D.  (10)  and  Mont.  (50)  add  "intemperance,  cruelty,  crime  against  the  law  ", 
and  Ga.  (21)  and  Ohio  (.129)  name  "  intemperance,  habitual  profanity,  dis- 
honesty, larcency,  and  other  violations  of  law  ". 

Arizona  (27)  says :  •'  Any  teacher  who  shall  use  any  sectarian  or  denom- 
inational book  or  teach  any  sectarian  doctrine,  or  conduct  any  religious  ex- 
ercises in  his  school,  or  who  shall  fail  to  comply  with  any  of  the  provisions 
mentioned  in  section  89  of  this  act,  shall  be  deemed  guilty  of  unprofessional 
conduct,  and  it  shall  be  the  duty  of  the  proper  authority  to  revoke  his  or 
her  certificate  or  diploma."  Compare  Ark.  (36),  R.  I.  (307).  See  page  97. 

Immorality  in  the  teacher  is  so  serious  a  menace 
to  the  community,  that  when  he  knows  of  it  the 
commissioner  should  take  action  immediately ;  he 
need  not  wait  for  charges  to  be  preferred. 

If  a  county  superintendent  knows  a  teacher  to  be  immoral,  or 
to  be  guilty  of  any  offence  which  would  justify  a  county  board 
of  examiners  in  withholding  a  certificate  from  him,  the  county 
superintendent  should  revoke  the  certificate  of  the  teacher,  even 
though  no  formal  charges  are  preferred  against  him.  In  other 
words  the  county  superintendent  has  the  right,  and  it  is  his  duty 
as  a  protector  of  the  people  from  imposition,  to  make  the  charge 
himself,  if  it  is  not  made  by  others. — Wash.  (132). 

b.  Deficiency  in  learning. — In  New  York,  com- 
missioners have  no  longer  the  right  as  formerly  (D. 
2194)  to  annul  certificates  for  deficiency  in  learning, 
or  to  re-examine  a  candidate  holding  a  certificate. 

The  State  superintendent  may  however  annul  a  certificate  for 
any  cause  (i.  11).  But  see  21  Barb.  252. 


ANNULLING  OP   LICENSES  101 

Since  June  30,  1894,  the  school  commissioners  in  the  State  have  no 
power  under  the  school  law  to  re-examine  any  teacher  holding  a  prede- 
cessor's certificate,  and  if  he  find  him  deficient  in  ability  or  learning,  to 
annul  his  certificate  (D.  4268). 

In  Minn.  (61),  a  superintendent  may  cite  for  re-examination  any  person 
holding  a  license  and  under  contract  to  teach,  and  if  satisfied  that  the 
teacher  is  not  of  good  moral  character  or  has  not  sufficient  learning  or 
ability,  may  revoke  the  license,  whereupon  the  teacher's  contract  becomes 
void. 

c.  Ability  to  manage  a  school. — Certificates  may 
be  annulled  for  deficiency  in  ability  to  manage  the 
school. 

In  New  York,  commissioners  no  longer  have  the  power  to 
annul  certificates  for  this  cause  (D.  4268) ;  but  upon  cause  shown 
to  his  satisfaction,  the  State  superintendent  may  annul  any  cer- 
tificate of  qualification  to  a  teacher  by  a  school  commissioner,  or 
declare  any  diploma  issued  by  a  State  normal  school  ineffective 
and  null  as  a  qualification  to  teach  a  common  school  within  this 
State,  and  he  may  reconsider  and  reverse  his  action  in  any  such 
matter  (i.  11). 

The  State  superintendent  writes  tp  the  author  of  this  volume  on  March 
9,  1896,  "  I  am  of  the  opinion  that  the  power  conferred  upon  school  com- 
missioners to  annul  a  teacher's  certificate  is  tnat  contained  in  subdivision  6 
of  section  13  of  title  5  of  the  consolidated  school  law.  *  *  *  I  do  not 
think  this  power  extends  to  any  other  case  except  a  charge  of  immoral 
conduct." 

Hence  the  quickest  remedy  against  an  inefficient  teacher  is 
now  probably  to  break  the  contract  by  dismissing  him  (see  page 
124),  and  let  the  teacher  appeal  if  he  choose  to  the  State  superin- 
tendent. But  direct  appeal  may  be  made  to  the  superintendent 
(see  page  132)  to  annul  the  teacher's  certificate,  and  if  the  superin- 
tendent does  so  the  contract  is  at  once  terminated.  See  page  107. 

In  this  matter  the  Department  will  doubtless  be  governed  by 
the  same  principles  that  were  enunciated  in  its  decisions  while 
commissioners  had  this  power,  and  we  give  some  of  the  more 
significant,  with  corresponding  decisions  in  other  States. 

On  Dec.  28,  1886,  Commissioner  Perrin  A.  Strough  revoked 
the  license  of  Jessica  Wells,  teaching  in  No.  6,  Cape  Vincent 


102  THE  TEACHER'S  QUALIFICATION 

after  an  examination  at  which  the  teacher  and  her  counsel  were 
present.  There  was  no  charge  against  her  character,  but  it  was 
claimed  that  she  neglected  her  classes  and  was  faulty  in  her 
methods.  But  two  weeks  before  the  commissioner  had  visited 
her  school  and  had  written  in  the  register,  "lam  well  pleased 
with  all  the  school  work,  and  believe  that  if  the  teacher  had  the 
hearty  co-operation  and  support  of  the  parents,  this  would  be 
a  term  of  school  marked  with  more  progress  than  any  school  I 
ever  visited  here."  The  annulment  of  a  license  is  not  to  be  resorted 
to  for  the  purpose  of  removing  a  teacher  from  the  school  because 
people  in  the  district  are  dissatisfied  with  her.  Moral  delinquency, 
or  a  deliberate  infraction  of  school  laws,  or  the  wilful  defiance  of 
the  proper  suggestions  or  directions  of  supervisory  officers,  or 
utter  inability  to  follow  them,  may  be  sufficient  ground  for 
annulling  licenses,  but  nothing  less  grave  than  this  is  (D.  3572). 
See  pages  134  to  134. 

The  action  of  a  school  commissioner  revoking  a  teacher's  license  sus- 
tained, when  the  holder  while  teaching  had  engaged  in  other  pursuits,  and 
in  consequence  neglected  his  work  in  the  school,  and  where  it  became  appar- 
ent that  the  teacher  had  lost  all  interest  in  his  work,  had  become  lax  in 
discipline,  and  had  neglected  to  preserve  order  in  the  school.  (D.  3886)  Pa. 
(248) ;  N.  D.  (60) ;  S.  D.  (10) ;  Ga.  (21) ;  Neb.  (46) ;  La.  (6). 

The  annulment  may  be  effected  without  notice,  if  determined 
upon  at  a  personal  visit,  but  only  when  the  result  of  positive 
observation,  Fla.  (19),  and  not  through  malice  and  wantonly1. 

Inability  to  maintain  order  is  sufficient  cause,  but  specially 
adverse  circumstances  must  receive  consideration  (D.  1982). 

Certificates  may  be  annulled  for  unnecessary  and  cruel  punishment,  but 
not  for  choking  or  severe  blows  where  resistance  is  encountered.  But 
certificates  may  not  be  annulled  on  account  of  personal  ill-will  toward  the 
teacher  in  the  district.  See  above.  See  also  Wis.  Jour,  of  EcTn,  1876, 
p.  296. 

It  appears  hardly  proper  that  a  highly  successful  teacher,  long  believed 
to  be  excellently  qualified,  should  be  forced  to  abandon  her  chosen  profes- 
sion in  which  she  has  advantageously  labored  twenty  years  on  the  strength 
of  an  opinion  based  on  a  fifteen  minutes'  observation  of  her  school  (D.  2480). 

Frank  F.  Gray,  teaching  the  village  school  of  Wellsburg,  received  on 
December  7,  1886,  a  notice  from  Commissioner  Nichols  that  he  should  annul 

l  86. 


ANNULLING   OF    LICENSES  103 

his  certificate  December  18  for  "  want  of  sufficient  ability  to  teach  ".  There 
had  been  dissensions  in  the  district  but  "  the  assurances  of  prominent  citi- 
zens of  the  locality  whose  credibility  is  undoubted,  go  to  show  that  he  is  a 
man  of  sufficient  general  ability  to  teach  school  successfully,  and.  I  have  no 
doubt,  will  do  so  if  he  can  have  the  general  good  will  of  the  community. 
No  one  can  succeed  without  this.  There  is  little  reason  to  believe  that  the 
work  of  a  teacher  who  might  succeed  him  would  have  more  cordial  or 
general  support  than  his  work  has."  The  order  annulling  the  certificate  is 
revoked  (D.  3959.) 

Among  specifications  of  other  States  under  this  head  Ariz.  (4, 14),  and 
Cal.  (31),  name  evident  unfitness,  and  Ohio  (129),  manifest  incompetency ; 
which  last  word  is  used  by  Ga.  (21),  La.  (4),  Mont.  (8),  Neb.  (45),  N.  J.  (10),  Pa. 
(241,248),  S.  D.  (10),  etc.  Fla.  (23.  3S>  says  "when  the  holder  proves  to  be 
unsuccessful,  incompetent ; '  •  and  R.  I.  (251), "  for  failure  properly  to  instruct 
and  govern." 

d.  Attendance   at   institute. — Wilful   failure  on 
the  part  of  a  teacher  to  attend  a  teachers'  institute 
as  required,  is  sufficient  cause  for  the  revocation  of 
a  teacher's  license  (x.6). 

Most  States  have  a  similar  provision.  La.  (33),  Neb.  (53), 
Ore.  (73),  S.  D.  (10),  Utah  (12),  Vt  (15),  Wash.  (129),  etc. 

e.  Keeping  engagements. — Any  failure  on   the 
part  of  a  teacher  to  complete  an  agreement  to  teach 
a  term  of  school  without  good  reason  therefor,  is 
deemed  sufficient  ground  for  the  revocation  of  the 
teacher's  certificate  (yii.  47.9).     See  page  103. 

Mont.  (45)  suspends  the  certificate  for  6  months,  or  one  year, 
and  Cal.  (27)  for  one  year. 

In  Vt.  it  has  been  decided  that  a  teacher  who  contracts  to  teach 
for  a  definite  time  and  gives  up  the  school  without  just  cause  can- 
not sustain  an  action  for  such  services  as  were  rendered1. 

Yarious  derelictions. — Some  offences  that  have 
been  specified  as  warranting  the  annulment  of  a 
certificate  are  as  follows  : 

1  400,405. 


104  THE  TEACHER'S  QUALIFICATION 

In  New  York  falsification  of  the  register  of  attendance  (D. 
3853^) ;  in  Mont.  (50),  N.  D.  (60),  refusal  to  perform  his  duty  ;  in 
Va.  (93)  closing  school  on  a  school  day  ;  in  Kan.  (9)  failure  to  pay 
reasonable  attention  to  the  suggestions  of  the  county  superin- 
tendent. 

Va.  (88)  and  R.  I.  (225)  say  that  certificates  will  be  liable  to 
revocation  "for  good  cause",  and  N.  C.  (43,  44)  authorizes  the 
county  superintendent,  with  the  approval  of  the  chairman  of  the 
board  of  education,  to  revoke  a  certificate  "  for  the  same  cause 
or  other  causes  damaging  to  the  school  interests  and  satisfactory 
to  himself  ". 

The  teacher's  defence. — In  regard  to  this  as  to 
other  acts  of  school  officers  by  which  he  feels  him- 
self aggrieved,  the  teacher  may  appeal  to  the  State 
superintendent,  whose  decision  is  final.  See  page  135. 


MAKING   THE   CONTRACT 

Prerequisites. — To  enter  into  a  legal  contract  to 
teach,  the  applicant  must  possess  the  following 
qualifications : 

a.  He  must  hold  a  valid  license  to  teach. 

b.  He  must  be  of  the  required  age. 

c.  He  must  not  be  a  relative  of  the  trustees. 

a.  Necessity  of  a  license. — The  applicant  must 
hold  a  valid  license  to  teach1.  See  pages  33,  89. 

This  restriction  does  not  apply  to  superintendents  of  schools^ 
(see  page  18) ;  though  Pa.  (224)  makes  the  same  requirements  of 
city  or  borough  as  of  county  superintendents. 

It  applies  to  teachers  of  evening  schools  (Pa.  [329] ),  and  to  substitutes 
(W.  Va.  [26] ),  though  Utah  (12)  permits  substitutes  for  a  day  or  two  to  teach 
without  certificates.  See  page  129. 

(1)  THE  POSSESSION  OF  THE  CERTIFICATE  is  SUFFICIENT  EVI- 
DENCE OF  QUALIFICATION  ;  no  one  has  the  right  to  urge  against 
the  teacher  that  his  certificate  is  improperly  granted3. 

(2)  THE  TEACHER  MUST  HOLD  THE  LICENSE  AT  THE  TIME  THE 
CONTRACT  IS  MADE  (D.  3670). 

Some  States  explicitly  require  the  candidate  to  exhibit  the  license  to  the 
trustees  4. 

It  is  not  sufficient  that  this  certificate  be  obtained  after  the 
contract  is  made,  even  if  it  be  antedated,  for  "  a  teacher's  certifi- 
cate must  bear  the  same  date  as  the  examination,  and  cannot 
legally  bear  any  other"5.  Ks.  (65)  ;  Minn.  (41). 

1  30,  31,  34,  ar>,  42,  45,  48,  53,  56,  63,  68,  75,  79,  81,  84,  103,  144,  148,  219,  221, 
222,  377,  395,  399.    But  see  255,  309,  331,  408,  418,  419, 

2  216.  3  a3,  47,  70,  251,  a50,  397,  414,  4  5,  30.  81,  3.\  48.  53,  56. 
5  16,  31,  48,  53,  79,  81,  145.  219,  221,  309.    But  see  69,  397,  402,  406,  418. 

(105) 


106  MAKING   THE   CONTRACT 

Of  course  this  restriction  as  to  dating  does  not  apply  to  the  subsequent 
dating  of  certificates  In  New  York.  See  p.  90. 

In  Vt.  it  has  been  held  that  wages  could  be  collected  for  teaching  under 
an  antedated  certificate  1.  Compare  on  page  107. 

la  some  States,  this  does  not  render  Invalid  a  contract  of 
employment  entered  into  with  a  teacher  before  he  obtains  a  cer- 
tificate, provided  Tie  obtains  it  before  he  begins  to  teach*.  Ariz. 
(25) ;  Col.  (43) ;  Fla.  (59) ;  Neb.  (38) ;  Ohio  (130) ;  R.  I.  (222).  An 
Ohio  court 8  ruled  : 

The  law  forbids  the  employment  of  a  teacher  who  has  not  a  certificate. 
The  teacher  is  not  employed  within  the  meaning  and  intent  of  this  provis- 
ion until  he  engages  in  the  discharge  of  his  duties  as  teacher.  The  mischief 
intended  to  be  guarded  against  was  the  teaching  of  a  school  by  an  incom- 
petent person,  and  not  the  making  of  a  contract  by  an  incompetent  person. 

In  Iowa,  the  State  superintendent  decided,  Dec.  21,  1887,  that  a  teacher 
may  legally  contract  with  a  board  before  receiving  a  certificate  of  qualifi- 
cation. However,  she  may  not  begin  teaching  without  said  certificate.— 
S.  B.  xiv.  83. 

In  Vt.  it  has  even  been  held  that  the  law  is  satisfied  if  the  teacher  obtains 
a  contract  on  the  evening  of  the  first  day  of  school*  ;  and  that  If  a  person 
begins  to  teach  without  a  certificate  and  continues  to  teach  after  obtaining 
one,  he  is  considered  to  have  made  a  new  contract,  beginning  at  the  time 
when  the  certificate  was  obtained,  and  having  the  same  terras  as  the  one 
under  which  teaching  was  begun  6. 

In  Minn,  a  person  began  teaching  under  a  contract.  He  taught  three 
weeks ;  then  obtained  a  certificate  and  made  a  written  contract  to  run  three 
months  from  the  time  he  began  teaching.  Held  that  he  was  entitled  to 
wages  after  the  certificate  was  obtained,  but  to  no  pay  for  the  previous 
three  weeks  «. 

In  111.,  a  certificate  was  not  obtained  till  the  middle  of  the  term.  A  new 
contract  was  entered  into  at  that  time  to  pay  the  teacher  double  wages  for 
the  rest  of  the  term.  This  was  considered  an  attempt  to  do  indirectly  what 
there  was  no  power  to  do  directly ;  and  therefore  the  contract  was  held 
void  ?. 

In  Mo.  it  has  been  held  that  under  a  statute  requiring  the  teacher  to 
produce  a  license  before  employment,  the  spirit  of  the  law  was  complied 
with  if  the  commissioner  did  not  renew  an  expired  license  in  presence  of  the 
trustees,  in  writing,  but  declared  the  teacher  competent  and  gave  his  sanc- 
tion to  his  going  on  with  the  school.  * 

(3)  THE  LICENSE  MUST  EXTEND  OVER  THE  WHOLE  PERIOD  FOR 
WHICH  THE  CONTRACT  is  MADE*.  Ga.  (21),  la.  (55),  Minn.  (41), 
(D.  4002,  3734). 

1  418.    See  16.  *   402.  «  337.  «  402,  419.  5  419. 

«  220.          i  44.    See  also  31,  35,  48,  53  ;  but  413.  »  222.  »  318. 


NECESSITY    OF    A    LICENSE  107 

It  has  been  held  that  a  teacher  may  be  discharged  If  he  cannot  produce 
his.  license,  the  fact  not  being  considered  that  one  has  been  granted  which 
has  miscarried  or  otherwise  been  lost  1.  But  usually  the  teacher  may  show 
that  he  was  entitled  to  a  certificate,  if  it  is  withheld  by  inadvertence  2. 

Some  States  are  very  liberal  in  this  respect.  In  Vt.  it  has  been  held  that 
where  a  teacher  taught  5  weeks  before  his  license  expired  and  6  weeks  after- 
ward without  a  new  certificate,  she  should  recover  for  the  entire  11  weeks  a. 
In  Colo.  (44)  if  the  license  expire  within  a  month  of  the  end  of  the  term,  he 
may  finish  the  term  without  a  new  certificate ;  and  Id.  (27),  N.  D.  (61) ;  and 
Utah  (12)  extend  this  time  to  six  weeks. 

Of  course  the  annulment  of  a  license  (see  page  98)  immediately  termin- 
ates the  contract,  even  though  it  be  plainly  illegal  and  an  immediate  appeal 
be  taken  (D.  2145).  Ark.  (37). 

(4)  AN   UNLICENSED    TEACHEK    CAN    DRAW    NO  PAY  FOB  HIS 
8EBVICES4. 

It  has  been  held  that  the  licensing-offlcer  may  not  procure  a  mandamus 
to  prevent  an  unlicensed  teacher  from  teaching  5.  But  any  tax-payer  may 
enjoin  payment  to  such  a  teacher  «. 

A  trustee  who  pays  public  money  to  an  unqualified  teacher 
commits  a  misdemeanor7  (ii.  15  ;  vii.  39,  40). 

The  teacher  may  however  enforce  the  contract  against  the  trustee  or 
trustees  consenting  to  such  employment  as  individuals  (vii.  47.9). 

There  is  even  a  provision  in  the  New  York  law  that  the  State  superin- 
tendent may  upon  recommendation  of  the  commissioner  direct  that  certain 
money  shall  be  paid  in  satisfaction  of  wages  earned  by  unqualified  teachers 
(ii.  8). 

In  Mich,  it  has  been  held  that  necessities  may  arise  where  an  unqualified 
teacher  cannot  be  procured,  in  which  case  district  but  not  State  moneys 
may  be  applied  to  this  purpose.  » 

(5)  AN  UNLICENSED  TEACHER  MAY  NOT  EVEN  TEACH  WITHOUT 
PAY9   (D.  3854). 

(6)  AN  UNLICENSED  TEACHER  IS  LIABLE  FOR  ACTION  FOB  AS- 
SAULT AND   BATTERY  IF   HE  RESORTS  TO  THE  SLIGHTEST  COBPO- 

RAL  PUNISHMENT.  The  teacher's  authority  comes  from  his 
license. 

Horace  Mann  held  that  in  such  a  case  the  teacher  could  be 
effectively  defended : 

On  the  other  hand,  some  incline  to  the  opinion  that  a  teacher  without  a 
certificate,  though  not  in  law  a  teacher,  yet  is  so  in  fact ;  and  while  the 

15.          »  406,  423.          =»  412,  419.          *  44.  75.  84,  254,  331,  397,  402,  406. 
8  108,  364,  «  »4.  1  877.  *  214.  »  75. 


108  MAKING    THE    CONTRACT 

actual  relation  of  teacher  and  pupil  subsists,  all  the  legal  powers  of  a  teach- 
er attach  to  this  relation,  and  may  therefore  be  exercised  by  them.  If  a 
school  kept  by  a  teacher  without  a  certificate  is  not  a  public  school,  then  it 
must  be  a  private  school ;  and  the  teacher  of  a  private  school  has  as  clear  a 
right  to  inflict  punishment,  in  exigencies  that  require  it,  as  any  other  teacher, 
or  as  any  parent.— 10th  Mass.  Report,  p.  169. 

The  courts  have  taken  this  view1. 

Sup't  Morrison  decided  (S.  B.  xii.  62)  that  the  law  does  not  prohibit  one 
pupil  from  instructing  others,  but  this  could  not  be  allowed  as  a  substitute 
for  an  adequate  teaching  force.  If  a  school  is  too  large  for  the  teacher,  the 
trustee  should  provide  an  additional  teacher. 

b.  Required  age.— In  New  York  the  teacher  must 
be  at  least  18  years  old. 

The  minimum  age-limit  is  now  (1896)  16  in  Id.;  17in  Mich. and  S.D.;  18  in 
Ariz.,f!al.,  N.  J.,  N.  D.,  Utah,  Va.,  etc.  In  Md.  it  is  18  for  women  and  19  for 
men.  Several  States  exact  higher  minimums  for  certificates  above  the  lowest 
grades. 

c.  Relationship. — The  applicant  must  not  be  re- 
lated to  the  trustee,  or  to  any  one  of  the  trustees 
(vii.  47.9).     See  page  34. 

Of  course  the  trustee  cannot  hire  himself2.  See  page  34  (vii. 
47.9 ;  D.  1665,  1753,  1803,  2114).  Ark.  (114) ;  N.  J.  (20).  Pa. 
(221) ;  Va.  (97). 

This  prohibition  cannot  be  evaded  by  the  trustee's  delegating  the  hiring 
to  his  associates  (D.  1825,  2217)  or  to  the  principal  of  the  school  (D.  2081). 

But  the  hiring  of  a  teacher  who  is  related  to  the  trustee  within  the  pro- 
hibited degrees  without  the  requisite  consent  of  the  voters  at  a  district 
meeting  being  previously  secured,  is  secured  by  subsequent  action  of  the 
voters  by  a  two-thirds  vote  approving  of  such  employment.  The  trustee, 
the  teacher,  and  their  relatives,  if  qualified  voters  of  the  district,  are  entitled 
to  vote  upon  such  a  question  (D.  3758). 

Nor  can  he  hire  the  school  commissioner.  See  page  14.  Md. 
(17)  ;  Mont.  (32) ;  R.  I.  (66) ;  Wis.  (74j. 

Minors. — In  most  States  a  contract  with  a  minor 
is  binding  upon  the  district  but  not  upon  the  teach- 
er, who  as  a  minor  may  decline  to  fulfil  the  contract, 

1  360.  968,  401.  2  136,  431. 


RESTRICTIONS  109 

or  having  taught  for  a  time  may  decline  to  teach 
longer1  (D.  2294). 

In  New  York,  however,  failure  on  the  part  of  the  teacher  to 
complete  a  contract  without  good  reason  is  sufficient  reason  for 
revoking  his  certificate.  See  page  103. 

The  laxity  of  the  law  toward  minors  is  intended  for  their  exclusive 
benefit  in  protecting  them  from  the  frauds  and  deceptions  which,  owing  to 
their  weakness  and  inexperience,  others  of  riper  years  might  be  enabled  to 
practise  upon  them. 

The  teacher's  wages  must  be  paid  to  him,  and  not  to  his  par- 
ent or  guardian  even  though  he  is  a  minor8.  See  page  120. 

Married  women.— At  common  law  married  women 
are  disabled  from  making  such  contracts,  but  in 
New  York  and  most  other  States  the  right  to  make 
contracts  and  receive  wages  is  given  them  by  statute. 

Members  of  religious  orders.— Pa.  (133)  for- 
bids any  one  while  in  th,e  performance  of  duty  as  a 
teacher  to  wear  any  dress,  mark,  emblem,  or  insig- 
nia indicating  that  the  person  is  a  member  or  ad- 
herent of  any  religious  order,  sect,  or  denomination. 

The  N.  J.  legislature  of  1896  rejected  a  similar  law.  In  New 
York  it  is  held  that  wearing  an  unusual  and  distinctive  garb,  one 
used  exclusively  by  members  of  a  certain  religious  sect,  and  for 
the  purpose  of  indicating  membership  in  that  sect,  by  public 
school  teachers,  constitutes  a  sectarian  influence  prejudicial  to  the 
interests  of  the  public  school  system  and  must  not  be  persisted  in. 
Pupils  in  a  common  school  should  not  be  permitted  to  address 
the  teachers  by  an  assumed  religious  name,  as  Sister  Mary  or  Sis- 
ter Martha,  but  by  their  family  name  with  the  prefix,  Mr  ,  Mrs., 
or  Miss,  as  the  case  may  be  (D.  3520).  See  page  45. 

*  147, 165,  290,  885,  396,  422,  434,  439. 

*  1,  109,  105, 147,  164, 165,  166, 195,  290.  304,  896,  443.     9ee  415. 


110  MAKING    THE    CONTRACT 

Restrictions  upon  city  and  village  teachers.     See 

page  98. 

With  whom  the  contract  is  jnade. — Every  district 
in  New  York,  not  a  union  free  school  district  has 
either  one  trustee,  or  three,  or  (temporarily)  two. 
See  page  22. 

a.  If  there  be  but  one  trustee,  it  is  only  necessary 
that  the  contract  be  clearly  understood  and  definitely 
expressed  in  writing.     See  page  113. 

In  New  York,  school  trustees  exercise  authority  almost  unlim- 
ited. They  must  hire  somebody  for  32  weeks,  and  they  may  not 
hire  a  teacher  for  less  than  10  weeks  ;  but  they  may  disregard 
the  unanimous  vote  of  the  district  as  to  the  time  of  opening  or 
closing  school  (D.  1976),  the  number  of  teachers  (D.  4005),  the 
sex  of  the  teacher1  (D.  1677,  R.  I.  [210]),  the  wages  paid  (D. 
1864),  the  conditions  of  the  contract  (D.  1738,  1831),  and  the  in- 
dividual selected'  (vii.  47.9  ;  [D.  1665,  1753,  1803,  2114]  ;  Mich. 
[91],  R.  I.  [21]).  See  page  33. 

Where  there  is  a  dispute  as  to  who  is  elected  trustee,  a  teacher  who  en- 
ters upon  a  contract  with  the  person  who  assumes  the  office  of  trustee  with 
some  color  of  right,  and  who  begins  work  as  a  teacher,  can  collect  his  wages 
under  the  contract,  even  if  forcibly  prevented  from  completing  his  work. 
It  is  not  necessary  for  the  teacher  to  wait  till  the  dispute  is  over  before  be- 
ginning school  work  s  (D.  3586). 

b.  If  there  be  three  trustees,  the  law  explicitly 
requires  that  the  contract  be  made  by  a  majority  ; 
and  at  a  meeting  of  which  all  three  have  been  noti- 
fied4 (D.  3582).     See  page  30.     Ark.  (112),  Minn. 
(41),  N.  J.  (20),  etc. 

The  teacher  may  have  his  remedy  against  the  persons  employing 
him,  but  it  can  be  enforced  only  by  action  ^D.  3824). 

i  175,  356,  425.  »  207.  s  98,  249,  269,  270,  310.    But  see  386. 

*  4,  8,  40,  189,  210,  247,  268,  334,  336,  351,  357,  383. 


AUTHORIZED   SCHOOL     OFFICERS  111 

The  consent  of  the  three  trustees  separately  makes  no  contract. 
A  contract  made  by  two  trustees  in  the  absence  of  the  third  from 
the  district  may  be  annulled  at  any  time  by  a  majority  of  the 
three.  But  a  contract  may  be  made  by  two  trustees  when  author- 
ized by  the  third  (D.  1910),  or  by  one  trustee  when  authorized  to 
act  as  agent  for  the  three1.  A  contract  made  by  two  trustees 
without  consulting  the  third  may  be  ratified  at  a  subsequent 
meeting2;  and  a  tacit  concurrence  of  the  third  trustee  (D.  1919),  or 
even  by  two  trustees  when  the  bargain  is  made  with  the  third  in 
good  faith,  ratifies  a  fulfilled  contract. 

In  la.  should  a  board  permit  a  teacher  to  engage  in  teaching,  by  so  do- 
ing the  board  approves  the  contract  of  the  said  teacher,  whether  said  ap- 
proval appears  upon  the  records  of  the  district  or  not.—S.  B.  xiv.  38.  So  in 
Mich.  « 

c.  If  there  be  two  trustees,  in  the  transition  from 
three  trustees  to  one,  the  contract  should  be  made  at 
a  meeting  of  both. 

But  when  one  gives  to  another  due  notice  of  a  meeting  which 
the  other  neglects  to  attend,  a  contract  of  the  one  with  a  teacher 
satisfactory  to  the  inhabitants  of  the  district  may  be  approved. 

d.  In  union  school  districts  the  contract  is  usual- 
ly made  with  the  superintendent  or  the  secretary,  as 
agent  for  the  board  of  education. 

The  board  may  delegate  to  one  or  more  of  its  members  the 
power  to  hire  and  contract  with  teachers4. — 8.  B.  xiv.  83.  This 
is  true  also  in  districts. 

e.  Relation  of  power  to  contract  to  term  of  office. 

—The  trustees  have  the  power  to  hire  beyond  their 
term  of  office,  for  a  term  not  exceeding  one  year6.  A 
sole  trustee  has  the  same  right  (vii.  47.9  ;  D.  3640, 
4311). 

1  155V  420,  445,  446.    »  92.    But  see  428.     «  216.     «  123,  124, 155,  430,  445,  446. 
5  20,  62,  89,  92,  98,  140,  186,  208,  278,  284,  299,  317,  897,  398,  424,  425.    See  228, 
380. 


112  MAKING   THE    CONTRACT 

In  some  States,  the  trustees  may  not  engage  a  teacher  after  their  suc- 
cessors have  qualified  1,  or  before  the  annual  re-organization  of  the  board  », 
but  may  make  contract  for  a  term  beginning  after  some  members  go  out  of 
office  *.  Ark.  (85) ;  Minn.  (41).  Ky.  (48)  even  forbids  that  contracts  for  the 
coming  year  be  made  before  July  1. 

1  48,  62,  71,  217,  228,  330.  *   48,  53,  429.  «  5,  89,  307,  212,  278,  430. 


CHAPTER  III 

CONDITIONS    OF    CONTRACT 

Written  contract  required. — The  laws  of  most  States 
require  that  the  contract  shall  be  written  (vii.  47.10  ; 
xv.  17). 

Va.  (89-90)  imposes  a  fine  of  $50  upon  any  school-board  that  fails  to  en- 
ter into  written  contract  in  form  prescribed. 

A  failure  to  give  the  teacher  a  written  contract  does  not  viti- 
ate the  contract1  (D.  3640).  But  it  makes  it  difficult  for  the 
teacher  to  prove  what  were  the  terms  of  the  contract,  in  case 
there  is  a  dispute  (D.  3890).  Where  the  case  is  difficult  to  deter- 
mine (D.  3768,  4263),  or  where  the  amount  of  damages  is  inde- 
terminate (D.  3768,  3797)  the  Department  will  refuse  to  interfere, 
and  refer  the  matter  to  the  courts.  See  page  135. 

Contract  must  be  complete. — In  the  absence  of  fraud, 
accident,  or  mistake,  it  will  be  conclusively  pre- 
sumed that  the  contract  contains  the  entire  agree- 
ment of  the  parties2. 

When  a  teacher  accepted  a  written  contract  for  16  weeks,  but 
claimed  to  have  been  hired  for  36  weeks,  the  burden  of  evidence 
to  dispute  the  contract  is  upon  the  teacher  (D.  3944). 

The  teacher  is  assumed  to  know  the  extent  of  the  trustees'  powers,  and 
any  restrictions  or  regulations  made  by  the  board  of  trustees  8.  But  where 
the  rule  has  not  been  printed  or  put  on  record  and  the  teacher  denies  that 
he  ever  heard  of  it,  the  teacher  is  not  bound  by  it  (D.  3524). 

Specifications  of  contract. — The  New  York  law  re- 
quires that  the  contract  shall  name  : 

1  14,  109,  111,  331.  2  116.  »  110. 

(118) 


114  CONDITIONS   OF    CONTRACT 

a.  The  duration. 

b.  The  amount  of  compensation. 

c.  The  times  of  payment. 

The  following  are  also  important  points  : 

d.  Manner  of  paymenc. 

e.  Janitor  work. 

/.  Precise  wont  as  a  teacher. 
g.  Keeping  the  school  register. 

a.  Duration. — New  York  requires  that  in  district 
schools  contracts  shall  be  for  definite  periods  of  (1) 
not  less  than  10  weeks1  (D.  3603,  3735,  3850,  3889) 
except  for  filling  out  an  unexpired  term  of  school ; 
and  (2)  of  not  more  than  one  year  (vii.  47.5).  N.C.(28). 

No  such  restriction  is  placed  on  hiring  in  union  schools  (viii. 
15.11 ;  D.  3653). 

Some  cities,  like  New  York  and  Albany,  make  the  engagement  of  teach- 
ers permanent,  either  at  once  or  after  a  year  or  two  of  probation.  In  such 
cities  teachers  can  be  removed  only  for  cause. 

(1.)  FOB  SPECIFIC  PERIOD. — Agreements  between  teachers  and 
trustees  that  either  party  may  terminate  the  employment  at  any 
time  are  against  public  policy.  Employment  should  be  for  a 
specific  length  of  time  (D.  3678).  Compare  page  119. 

The  law  does  not  permit  trustees  to  assume  dictatorial  powers.  It  will 
not  allow  them  to  exact  agreements  of  teachers  into  which  a  self-respect- 
ing person  cannot  enter ;  nor  will  it  allow  them  to  turn  a  teacher  out  of  the 
schoolhouse  in  the  midst  of  employment  only  because  of  pique  or  spite,  or 
in  order  to  put  some  one  else  in.  The  employment  must  be  at  least  for  a 
reasonable  length  of  time.  It  should  be  for  a  term  at  least— a  time  sufficient 
to  enable  a  teacher  to  show  proficiency  or  make  so  complete  a  failure  that 
no  district  will  employ  him  again  (D.  3735). 

The  Supreme  Court  of  Wisconsin  says :  "If  the  board  make  a  valid  con 
tract,  reserving  the  right  to  discharge  a  teacher  whenever  they  see  fit,  then 
the  public  schools  must  be  taught  to  suit  the  whims,  caprices,  and  peculiar 
notions  of  the  hiring  board,  and  not  as  the  teacher  in  the  conscientious  dis- 
charge of  his  duty  should  teach  the  same.  They  could  compel  teachers  of 
district  schools  to  teach  the  same  to  the  satisfaction  of  the  boards  who  hire 

1283- 


DURATION  115 

them,  instead  of  to  the  satisfaction  of  the  people  who  compose  the  district, 
or  In  a  manner  most  beneficial  to  the  pupils,  or  as  a  good,  competent,  and 
faithful  teacher  ought  to  teach  the  same."— S.  B.  x.  134. 

A  rule  that  the  teachers  should  be  liable  to  discharge  at  the  pleasure  of 
the  board  is  no  defence  to  an  action  on  a  contract  of  hire  for  a  specific 
term  l. 

A  decision  rendered  Feb.  7,  1896,  by  the  State  superintendent 
of  Washington  contains  this  ruling  : 

In  this  case  two  questions  arise  at  the  outset  upon  the  determination  of 
which  will  depend  the  decision  of  the  whole  matter :  First,  Is  the  provision 
in  the  contract  empowering  the  board  to  dismiss  at  pleasure  operative  ?  *  *  * 

On  the  first  question  raised  the  assistant  attorney-general  has  advised 
this  office  as  follows  :  "  All  authority  of  the  school  board  to  employ  a  teach- 
er is  traceable  to  some  provision  of  law.  Such  law  is  not  only  the  source  of 
their  authority  but  the  limitation  of  it.  The  power  to  discharge  a  teacher 
is  restricted  by  the  provision  that  the  discharge  must  be  for  sufficient  cause. 
The  board  cannot,  by  the  form  of  the  contract  they  enter  into  with  a  teach- 
er, give  themselves  greater  powers  than  the  statute  has  conferred  upon 
them.  No  power  whatever  is  conferred  upon  the  board  to  discharge  a 
teacher,  except  for  sufficient  cause.  Any  provision  therefore  in  a  contract 
with  a  teacher  giving  them  the  power  to  discharge  at  will  is  unauthorized 
and  invalid."  So  Ohio  (88). 

But  in  States  where  the  statute  empowers  the  trustees  to 
employ  teachers  and  remove  them  at  pleasure,  this  enters 
as  part  of  any  contract  made  under  it,  and  a  teacher  may  be  dis- 
charged notwithstanding  the  terms  of  his  employment8  (D.  1845  ; 
cf.  3888  ;  S.  B.  xv.  105). 

(2)   BY  THE  YEAR,  OR  BY  MONTHS,  WEEKS,  OR  DAYS. — Contracts 

should  be  made  by  the  year,  or  for  a  certain  number  of  months, 
weeks,  or  days8. 

The  school  month  is  now  almost  universally  regarded  as  four 
weeks  of  five  school -days  each4.  Ariz.  (2i),  Ark.  (54\  Cal.  (27), 
Fla.  (25),  la.  (54>,  Kan.  (4t),  Midi.  (22),  Minn.  (42),  Mont.  C45), 
Neb.  (50),  Nev.  (27),  N.  J.  (26),  N.  C.  (28\  N.  D.  (61 »,  Ore.  (28\ 
Pa.  (157,  248),  S.  D.  (37),  Ya.  (97),  Wis  (67-,  Wy.  (42 ,  etc. 

Where  engagement  is  by  the  month,  and  teachers  receive  one-twelfth  of 
the  annual  salary  each  month,  a  teacher  who  has  completed  the  school  year 
must  be  paid  for  the  vacation  months,  even  if  she  has  declined  to  remain. — 
S.  B.  xiv.  95. 


115,230,43".         *  68,  128,  173,  190,  2-16,  251,417.  *  190.  *  314. 


116  CONDITIONS    OF    CONTRACT 

Where  a  teacher  was  first  engaged  in  1880 ;  in  the  summer  of  1881  was 
hired  for  another  year;  and  in  the  summer  of  1883  was  hired  "  for  another 
term  at  a  salary  of  $900  per  annum  ",  and  discharged  Nov.  29,  1882,  held, 
that  the  contract  did  not  expire  till  the  end  of  the  school  year,  in  June,  1883. 
— Sup't  GUtnour,  N.  Y.,  April  5, 1883. 

As  to  hours  of  school,  see  page  144. 

3.  HOLIDAYS. — Unless  otherwise  specified,  the  contract  re- 
quires no  school  upon  holidays  (see  pages  10,  35). 

When  a  holiday  comes  on  Sunday,  it  is  celebrated  on  the  Monday  fol- 
lowing. Pa.  (100).  See  page  10. 

For  these  clays  no  deduction  from  wages  is  to  be  made.  Ore. 
(28),  N.  J.  (26\  etc.  But  if  the  teacher  keeps  the  school  open  on  a 
holiday,  he  is  not  entitled  to  have  such  day's  service  counted  in 
lieu  of  another  day  not  a  holiday,  except  by  agreement  with  the 
trustees1.  Fla.  (59',  Mich.  (90),  Minn.  (42),  Mont.  (45),  N  D. 
(61),  Pa.  (247),  S.  D.  (32),  etc. 

The  custom  is  so  well  established  of  keeping  the  school  in  session  on  the 
five  work-days  of  each  week  exclusive  of  Saturday,  that  to  change  this  cus- 
tom would  require  action  by  the  board,  but  they  may  authorize  that  there 
shall  be  no  session  on  Monday.  Ohio  (86). 

In  Ohio  (86)  teachers  may  dismiss  their  schools  without  forfeiture  of  pay 
on  the  holidays  named. 

In  Iowa  (54)  it  is  lawful  for  a  board  to  give  teachers  holidays  and  not  de- 
duct pay,  and  quite  usual.  The  teacher,  however,  may  not  claim  it  as  a 
right. 

(4)  INSTITUTE  WEEK. — The  statute  requires  that  the  teacher 
receive  full  pay  for  institute  week  (ii.  6).  See  pages  17,  35,  (D. 
3794,  3892),  Ark.  (72),  Id.  (27),  Ore.  (40),  Wy.  (43),  etc. 

Schools  in  cities  and  incorporated  villages  employing  a  super- 
intendent (see  page  18)  are  not  compelled  to  close  for  the  institute, 
or  to  allow  their  teachers  pay  for  attendance  (x.  4). 

The  trustees  of  every  school  district  are  directed  to  give  the  teacher  or 
teachers  employed  by  them,  the  whole  of  the  time  spent  by  them  in  attend- 
ing at  an  institute  or  institutes  held  as  hereinbefore  stated,  without  deduct- 
ing anything  from  the  wages  of  such  teacher  or  teachers  for  the  time  so 
spent.  All  teachers  -under  a  contract  to  teach  in  any  school  commissioner  dis- 
trict shall  attend  such  institute  so  held  for  that  district,  even  though  at  the 
time  the  school  is  not  in  session,  and  shall  receive  wages  for  such  attend- 
ance (x.  4). 

1  305,  211. 


DURATION  117 

A  teacher  must  be  paid  for  the  week  spent  at  teachers'  institute  occur- 
ing  during  the  term  of  employment.  When,  at  the  request  of  a  board  of 
trustees,  a  teacher  taught  an  additional  week,  the  teacher  must  be  paid  for 
that  week  at  the  contract  rate.  An  attempt  to  compel  a  teacher  to  make 
up  for  the  time  spent  at  an  institute  will  not  be  sustained  (D.  3523). 

Arranging  a  period  of  vacation  by  a  trustee  so  as  to  avoid  the  payment 
of  wages  during  the  week  of  a  teachers'  institute,  and  which  the  teacher 
duly  attended,  is  contrary  to  the  statute  (D.  3892). 

Teachers  will  be  entitled  to  pay  for  a  week  during  which  school  was 
closed  in  consequence  of  a  teachers'  institute  having  been  designated  for 
that  week,  but  not  held  because  of  storms  and  floods  which  rendered  it 
impossible.  Also,  to  the  week  to  which  the  institute  was  adjourned  and 
held,  school  having  been  closed  (D.  3623). 

A  teacher  may  attend  an  institute  outside  her  own  district,  if  she  has 
the  consent  of  the  trustee,  the  commissioner,  and  the  State  superintendent. 
— S.  B.  xx.  37. 

In  S.  D.  (33)  teachers  receive  one-half  pay  for  attendance.  In  Ore.  (22, 
73)  they  are  paid  for  not  more  than  2  days. 

For  penalty  if  the  teacher  fails  to  attend  the  institute,   see 
page  103. 

A  teacher  of  a  district  school  neglected  to  attend  the  session  of  a  teach- 
ers' institute,  although  the  school  was  closed  during  the  week,  by  the  trus- 
tees' direction,  because  of  a  report  which  prevailed  that  a  contagious  dis- 
ease was  prevailent  in  the  vicinity  where  the  institute  was  held.  Held,  that 
the  teacher  was  not  entitled  to  recover  pay  for  the  week  of  the  institute 
(D.  3829). 

In  Me.  (47)  the  State  even  pays  the  necessary  expenses  for  the  holding  of 
State  associations  of  teachers,  and  teachers  may  suspend  their  schools  for 
not  more  than  two  days  in  the  year  to  attend  such  associations,  and  receive 
pay  for  their  time. 

The  contract  is  sometimes  conditional  upon  the  teacher's 
attending  local  teachers'  meetings. 

(5)  ENFORCED  VACATION. — Where  a  teacher  is  prevented  from 
filling  a  contract  from  misfortunes  that  happen  to  the  district,  he 
can  recover  for  full  time.  The  most  common  are  : 

Prevalence  of  contagious  diseases. 

Burning  of  the  school-house. 

Wrangling  among  the  trustees. 

Closing  for  lack  of  funds. 

Va.  (91)  authorizes  the  trustees,  with  the  approval  of  the  county  superin- 
tendent, to  close  the  schools  '•  for  a  sufficient  cause  ",  and  pay  the  teacher 
for  the  time  taught ;  and  la.  (54)  while  acknowledging  the  right  of  the 
teacher  to  full  pay,  says  such  cases  are  best  settled  by  compromise. 


1.18  CONDITIONS    OF    CONTKACT 

Contagious  diseases. — "When  school  is  closed  on  account  of 
contagious  or  other  sickness,  the  teacher  may  recover  full  pay1 
(D.  3706,  3791,  3840),  8.  B.  vii.  115,  Ky.  (50),  Minn.  (41), 
Wis.  (42). 

The  same  principle  applies  when  school  is  necessarily  closed  on  account 
of  a  blizzard.— S.  B.  xiv.  98. 

Burning  of  the  schoolhouse. — The  teacher  recovers  for  full 
period  of  contract2  (D.  3917),  S.  B.  x.  93. 

If  the  schoolhouse  is  not  kept  in  good  repair,  the  teacher  may  recover 
from  either  the  trustees  or  the  district  for  any  injuries  thereby  sustained  * . 

Wrangling  among  trustees. — Three  teachers  were  engaged  in 
No.  1,  Westchester,  on  Aug.  27,  1887.  Through  wrangling 
on  the  part  of  the  trustees  the  school  was  not  opened  till  Jan.  9, 
1888.  The  teachers  must  be  paid  in  full  as  though  school  had 
been  in  session  (D.  3679).  So  as  to  payment4. 

Closing  for  lack  of  funds. — Action  of  a  board  of  education  in 
resolving  to  close  public  schools  for  the  reason  that  the  corporate 
authorities  upon  whom  the  duty  to  provide  funds  devolves  by 
law,  neglect  to  provide  necessary  means,  will  not  be  upheld. 
Teachers  under  contract  would  have  a  remedy  by  law,  if  wages 
provided  for  by  contracts  were  in  default,  although  prevented 
from  teaching  by  the  closing  of  the  schools5  (D.  3993).  See 
power  of  trustees  to  raise  money,  page  120. 

If  ihe  enforced  vacation  extended  over  some  months,  it  is  possible 
that  the  teacher  might  be  expected  to  use  due  diligence  to  find 
other  employment.  Compare  page  120. 

b.  Amount  of  compensation. — Most  States  leave 
the  trustees  unrestricted  as  to  the  amount  of  salary 
they  shall  pay  the  teacher  (viii.  47, 10  ;  vii.  15, 11). 
See  pages  34,  63. 

In  some  States,  as  Cal.  (67),  Tenn.  \14),  Wy.  (35),  women  teachers  must 
be  paid  the  same  salaries  as  men  for  like  work. 

Some  States,  like  N.  D.  (43),  provide  that  the  salaries  of  teachers  shall 
be  graded  according  to  the  grades  of  their  certificates. 

1  206.  422.      »  67,  211  a.    But  see  241.      «  280,  281,  307.     *  331  a.     5  222  i. 


AMOUNT    AND    TIMES    OF  ^>AYMENT  119 

N.  C.  (28)  fixes  the  maximum  salary  of  3d-grade  teachers  at  $15  and  of 
2d-grade  teachers  at  $25  a  month,  and  authorizes  the  county  board  to  place 
a  maximum  upon  Ist-grade  salaries. 

Va.  (67)  provides  that  the  pay  of  the  teacher  shall  not  be  governed  by 
the  daily  average  attendance,  provided  this  average  exceeds  10. 

Texas  (21)  gives  to  Ist-grade  teachers  $2.50  per  month  for  each  child  of 
school-age,  with  a  maximum  of  $75  a  month  ;  to  2d-grades,  $2.00  per  month 
for  each  child,  with  a  maximum  of  $60;  and  to  3d-grades,  $1.50  per  child. 
But  this  restriction  does  not  apply  to  districts  levying  a  local  tax. 

As  in  regard  to  duration,  the  contract  should  be  specific,  giv- 
ing so  much  by  the  year,  month,  week,  or  day.  See  page  114. 

EXTRA  PAY  is  sometimes  provided  for,  principally  on  the  fol- 
lowing grounds : 

For  instructing  non-resident  pupils. — This  would  require  a 
special  agreement  with  the  trustees  (D.  3623).  The  trustees  have 
sole  authority  to  admit  pupils  or  to  exclude  them,  and  the  teacher 
must  instruct  the  pupils  admitted.  This  applies  also  to  pupils 
over  school  age. 

The  wrongful  exclusion  of  a  child  by  a  teacher  under  direction  of  the 
trustees  does  not  defeat  the  right  to  wages*  ;  whether  an  action  will  lie 
against  a  teacher  for  refusing  to  instruct  those  who  lawfully  come  to  him 
for  instruction,  or  whether  the  remedy  is  confined  to  an  appeal  to  the  gov- 
erning board.  Judge  Cooley  says  (Torts,  p.  288)  is  left  in  doubt  by  the  author- 
ities, though  he  thinks  it  actionable.  As  to  colored  pupils,  see  page  38. 

For  instruction  in  outside  branches. — In  New  York  public 
school  teachers  are  not  allowed  to  furnish  instruction  in  school  in 
certain  branches  upon  payment  of  tuition,  either  to  the  teacher  or 
to  the  trustees.  Public  schools  should  be  free  to  all  children  of 
the  district  to  receive  any  branch  of  instruction  for  which  they 
are  qualified  (D.  3764). 

Trustees  who  pay  a  fixed  salary  to  the  principal  are  not  allowed  to  per- 
mit him  to  share  in  receipts  from  the  teachers'  class.— A?.  B.  xxii.  3. 

For  janitor  work. — While  the  teacher  cannot  be  compelled  to 
do  janitor  work,  see  page  121,  on  the  other  hand  he  cannot  be  paid 
for  janitor  work  he  does  voluntarily,  unless  so  agreed  in  the  con- 
tract.—£  B.  xiv.  83. 

The  trustees  cannot  deduct  from  the  teacher's  wages  the  amount  they 
have  paid  for  janitor  work  (D.  2139). 

c.  Times  of  Payment. — In  New  York,  the  pay  of 


120  CONDITIONS  OP  CONTRACT 

any  teacher  employed  in  the  public  schools  is  due 
and  payable  at  least  as  often  as  at  the  end  of  each 
calendar  month  of  the  term  of  employment  (xv.  17). 

A  teacher  who  has  not  been  paid  as  often  as  once  each  month 
during  the  term  of  employment  as  required  by  statute  is  entitled  to 
interest  on  the  several  monthly  payments  which  have  been  with- 
held, from  the  time  when  payable  (D.  3808). 

The  provisions  of  the  law  give  trustees  full  power  to  raise  the  money 
needed  (vii.  14.16 ;  vii.  47.12;  viii.  11). 

d.  Manner  of  payment. — The  teacher's  wages  are 
always  due  to  him,  and  in  cash. 

(1)  SALARY  MUST  BE  PAID  TO  THE  TEACHER. — Debts  on  notes 
due  to  other  persons,  even  to  the  trustees,  cannot  be  set  off 
against  the  teacher's  wages.     The  money  due  him  cannot  be  at- 
tached1.    Ky.  (149),  Minn.  (50). 

Even  though  he  is  a  minor,  the  teacher's  salary  must  be  paid  to  him,  and 
not  to  his  parent  or  guardian.  See  page  108. 

(2)  SALARY  MUST  BE  PAID  IN  CASH — Contracts  which  involve 
an  agreement  to  board  with  the  trustee  or  to  board  around  cannot 
be  enforced.     The  teacher  should  have  a  specific  sum  as  wages, 
and  board  himself  (D.  3717). 

He  has  a  perfect  right  to  change  his  boarding-place  at  any  time.  An 
agreement  to  the  contrary  with  the  trustee  is  illegal  and  void  (D.  3575). 

(3)  How  TO  ENFORCE  PAYMENT. — In  case  the  trustees  neglect 
or  refuse  to  pay  the  wages  due,  they  may  be  sued. 

The  trustees  are  a  quasi  corporation,  possessing  power  in  this  and  for 
this  purpose  to  bind  their  district,  and  to  create  a  corporate  liability  which 
will  attach  to  their  successors  in  their  official  capacity  2. 

A  teacher  is  entitled  to  a  writ  of  mandamus  to  compel  the  trustees  to 
pay  arrears  of  salary  due  him  3 . 

He  has  his  option  to  bring  suit  to  recover  money,  or  proceedings  for  a 
writ  of  mandamus  to  compel  its  payment.  And  if  an  order  has  been  issued 
to  him,  and  it  remains  unpaid,  he  may  still  have  his  choice  of  remedies 
The  creditor  of  a  corporation  is  not  restricted  to  mandamus  as  his  sole 
remedy  *. 

The  teacher  has  one  of  two  remedies— action  on  the  contract  5 ,  or  a 
writ  of  mandamus  8.  Mandamus,  and  not  an  action  for  money  had  and 

i  134,  137,  205.  »  41,  85,  87,  101,  125,  136,  145,  197,  229,  244,  262,  267,  297, 

346,  353.         *  268.        *  101.        *  145,  229,  353.         «  101,  362. 


PRECISE    WORK    AS    A    TEACHER  121 

r«ceired,  Is  a  proper  remedy  to  compel  a  clerk  of  the  school  district  to  pay 
over  money  in  his  hands  applicable  to  a  warrant  issued  in  favor  of  a  teacher 
for  salary.  The  funds  are  the  funds  of  the  district  until  he  parts  with  the 
custody  of  them  1 . 

e.  Janitor   work. — Any   other  duties  upon  the 
teacher  than  those  properly  belonging  to  his  work  as 
a  teacher,  such  as  sweeping  the  schoolhouse,  must 
be  expressly  stated  in  making  the  contract. 

The  teacher  cannot  be  compelled  to  do  janitor's  work  on  the 
ground  of  local  custom.  A  teacher  who  contracts  simply 
to  teach  a  school  for  a  given  number  of  months,  for  a  given  sum, 
is  under  no  obligation  to  cut  or  carry  in  the  fuel,  sweep  the  school- 
house,  or  make  the  fires.  It  is  as  much  the  duty  of  the  trustees  to 
have  these  things  done  (by  the  teachers  and  pupils  if  they  volun- 
teer to  do  them,  or  by  paying  for  them  otherwise)  as  it  is  to  fur- 
nish a  broom  or  a  stove.  The  trustees  have  no  power  to  compel 
either  teacher  or  pupil  to  do  these  things  (D.  4221,  4251).  Am. 
Journ  ofEd'n,  Feb.,  1878.  Ariz.  (47),  R.  I.  (253). 

f.  Precise  work  as  a  teacher. — Unless  the  contract 
specify  that  certain  grades  or  subjects  shall  be  taught, 
the  teacher  must  accept  whatever  grades  or  subjects, 
within  his  capacity,  are  assigned  by  the  trustees  (D. 
3898). 

Unless  otherwise  stipulated,  where  there  are  several  schools  in 
the  district,  or  several  departments,  the  teacher  must  take  any 
one  assigned  to  her,  even  if  it  be  a  colored  school2. 

But  the  change  of  grade  mast  not  involve  any  reduction  in 
salary,  which  would  be  equivalent  to  a  discharge,  and  allowable 
only  for  the  same  reasons3.  See  page  124. 

Under  a  complaint  by  a  school  teacher  to  recover  salary  based  upon 
and  alleging  a  full  compliance  with  the  terms  of  an  express  contract  to 
teach  as  assistant  principal  in  the  high  school  department,  where  the  evi- 
dence shows  that  she  has  materially  violated  its  provisions  in  refusing  to 

1  346.        »  64.  3  275, 303. 


122  CONDITIONS  OP  CONTRACT 

teach  certain  classes  assigned  to  her  by  a  new  and  recently  selected  princi- 
pal when  possessing  the  scholastic  attainments  and  ability  to  do  so,  when 
the  different  members  of  the  board  frequently  endeavored  to  persuade  her 
to  teach  said  classes,  her  defence  being  that  neither  the  board  of  education 
nor  the  principal  of  the  school  had  power  to  modify  or  change  the  assign- 
ment made  by  a  former  principal  of  the  schools,  Held,  under  the  contract 
it  was  the  duty  of  plaintiff  as  assistant  principal  to  teach  such  classes  and 
perform  such  duties,  within  the  scope  of  her  employment,  as  the  principal 
of  the  school  might  reasonably  assign  or  direct,  and  where  plaintiff  had 
wilfully  and  without  justifiable  cause  failed  and  refused  to  perform  her 
duties,  a  dismissal  was  justifiable  and  no  recovery  could  be  had  for  salary 
unearned.— borrow  vs.  Board  of  Education  City  of  Chamberlain,  So.  Dak., 
Sup'r  Ct.,  Oct.  28,  1895. 

g.  Implication  in  contract. — Whether  specified  or 
not,  teachers  are  by  law  required  to  fill  the  blanks  in 
the  school  register,  to  preserve  it,  to  verify  its  cor- 
rectness by  oath,  and  to  deliver  it  to  the  district 
clerk  (D.  3838).  See  page  49. 

Teachers  shall  keep,  prepare,  and  enter  in  the  books  provided 
for  that  purpose,  the  school  lists  and  accounts  of  attendance 
hereinafter  mentioned,  and  shall  be  responsible  for  their  safe- 
keeping and  delivery  to  the  clerk  of  the  district  at  the  close  of 
their  engagements  or  terms  (vii.  41). 

In  the  other  register  the  teachers  shall  enter  (1)  the  names  of 
the  pupils  attending  school,  (2)  their  ages,  (3)  the  names  of  the 
persons  who  send  them,  and  (4)  the  number  of  days  each  pupil 
attends  ;  and,  also,  (5)  the  facts  and  the  dates  of  each  inspection  of 
the  school  by  the  school  commissioner  or  other  official  visitor, 
and  (6)  any  other  facts,  and  in  such  form,  as  the  superintendent 
of  public  instruction  shall  require  ;  and  each  teacher  shall,  by  his 
oath  or  affirmation,  verify  his  entries  in  such  book,  and  the 
entries  shall  constitute  the  school  lists  from  which  the  average 
daily  attendance  shall  be  determined ;  and  such  oath  or  affirma- 
tion may  be  taken  by  the  district  clerk,  but  without  charge. 
Until  the  teacher  shall  have  so  made  and  verified  such  entries, 
the  trustees  shall  not  draw  on  the  supervisor,  collector  or  treas- 
urer for  any  portion  of  his  or  her  wages  (vii.  53). 


KEEPING    THE    SCHOOL    REGISTER  123 

This  obligation  upon  teachers  is  practically  universal1.  Ala. 
(29),  Ark.  (77),  Cal.  (26),  Me.  (23),  Mich.  (90\  Mont.  (44),  N.  J. 
(25),  N.  M.  (11),  N.  D.  (61),  S.  D.  (33),  Tenn.  (15),  Va.  (93\ 
Wash.  (27),  Wy.  (35),  etc. 

La.  (30)  imposes  a  fine  of  $2  for  failure  to  furnish  report.  Texas  (10) 
and  N.  M.  (11)  impose  a  fine  of  not  less  than  $25  or  more  than  $500. 

If  the  register  be  lost  through  carelessness  the  teacher  is 
entitled  to  no  pay  for  his  services,  and  from  this  duty  the  trus- 
tees have  no  right  to  excuse  him2.  He  may  draw  pay  if  he  can 
make  oath  that  it  was  correctly  kept,  but  lost  or  stolen  through 
no  fault  of  his ;  and  trustees  may  permit  the  teacher  to  fill  up 
the  blanks  afterward,  if  the  district  do  not  thereby  lose  its  public 
money3  (D.  1713,  2523). 

In  Vt.  the  fact  that  a  teacher  who  had  been  dismissed  carried  off  the 
register,  but  returned  it  to  the  district  clerk  before  bringing  su't  for  wages, 
did  not  defeat  recovery  of  wages  4. 

1  61,  90.  93,  130,  103,  177,  182,  204,  256,  260,  414,  426. 
z  177,  256,  260,  414,  418.  »  418.  *  418, 


CHAPTER  IV 

BREAKING    THE    CONTRACT 

By  the  teacher. — A  failure  of  the  teacher  to  keep 
a  contract  to  teach,  without  good  reason  therefore, 
is  sufficient  cause  for  annulling  his  license.  See 
page  103. 

By  the  trustees. — A  teacher  once  employed  cannot 
be  dismissed  during  the  period  of  the  contract  except 
for  cause1  (D.  3864,  3865,  4195).  See  pages  35, 114. 

A  teacher  doubtless,  like  a  lawyer,  surgeon,  or  physician, 
when  he  undertakes  an  employment  implicitly  agrees  that  he 
will  bestow  upon  the  service  a  reasonable  degree  of  learning, 
skill,  and  care.  When  he  accepts  an  employment  as  teacher  in 
any  given  school,  he  agrees  by  implication  that  he  has  the  learn- 
ing to  enable  him  to  teach  the  branches  to  be  taught  therein,  as 
well  as  that  he  has  the  capacity  in  a  reasonable  degree  of  impart- 
ing that  learning  to  others.  He  agrees,  also,  that  he  will  exercise 
a  reasonable  degree  of  care  and  diligence  in  the  advancement  of 
his  pupils  in  their  studies,  in  preserving  harmony,  order,  and 
discipline  in  the  school,  and  that  he  will  conform  himself  as  near 
as  may  be  to  such  reasonable  rules  and  regulations  as  may  be 
established  by  competent  authority  for  the  government  of  the 
school.  He  also  agrees,  as  we  think,  by  a  necessary  implication, 
that  while  he  continues  in  such  employment  his  moral  conduct 
shall  be  in  all  respects  exemplary  and  beyond  just  reproach2. 

In  New  York  the  cause  must,  if  appeal  is  taken,  seem  suf- 
ficient to  the  State  superintendent  (vii.  47.9).  The  burden  is 
upon  the  trustees  to  show  cause  by  preponderance  of  proof 
(D.  4244). 

1  142,  230,  292,  381,  439.  2  51,  76,  416. 

(124) 


BREAKING    THE    CONTRACT  125 

Sometimes,  however,  it  is  advisable  not  to  pursue  the  same  strictness 
required  in  court  as  to  evidence  1. 

If  trustees  will  employ  teachers  without  sufficient  caution, 
without  previous  acquaintance  or  inquiry,  they  must  not  rely 
upon  the  Department  to  relieve  them  from  their  unwise  con- 
tracts, and  particularly  so  when  the  most  that  can  be  said  against 
a  teacher  so  employed  is,  that  she  lacks  tact  and  management,  or 
talks  offensively  under  opposition  and  criticism  (D.  3510). 

Some  States  confer  upon  trustees  the  power  to  dismiss  teach- 
ers on  their  own  judgment,  without  assigning  a  specific  cause. 
Ala.  (25),  Id.  (14),  Me.  (20),  Md.  (23),  Va.  (43).  Compare  Neb 
(60),  Nev.  (13),  R.  I.  (225),  Va.  (88).  Mass.  (44)  says8 : 

It  will  often  happen  that  a  committee  may  be  in  possession  of  sufficient 
reasons  to  justify  the  dismissal  of  a  teacher,  and  yet  a  wise  public  policy 
would  avoid  a  disclosure  of  them.  Experience  has  proved  that  this  power 
is  not  liable  to  abuse.  Committees  are  reluctant  to  take  upon  themselves 
the  responsibility  of  dismissing  a  teacher,  except  in  extreme  cases. 

The  following  is  the  English  view  : 

For  there  may  be  causes  which  render  a  mail  altogether  unfit  to  con- 
tinue to  be  a  schoolmaster,  which  cannot  be  made  the  subject  of  a  charge 
before  a  jury,  or  otherwise  of  actual  proof.  A  general  want  of  reputation 
in  the  neighborhood,  the  very  suspicion  that  he  has  been  guilty  of  the 
offences  stated  against  him,  the  common  belief  of  the  truth  of  such  charges 
amongst  the  neighbors,  might  ruin  the  well-being  of  the  school,  if  the  master 
were  continued  in  it,  although  the  charge  itself  might  be  untrue,  and  at  all 
events  the  proof  of  the  facts  themselves  insufficient  before  a  jury  3. 

In  an  action  for  services,  evidence  "that  the  said  plaintiff  was 
incompetent  to  manage  the  said  school ;  that  she  was  unreason- 
able in  her  requirements  of  the  scholars  in  said  school ;  and  was 
uneven  in  her  treatment  of  them,  and  partial  and  abusive  in  her 
treatment  of  certain  ones  in  said  school,  and  that  she  failed  in  all 
respects  as  a  teacher  of  said  school,"  was  admissible4. 

The  dismissal  of  a  teacher  is  business,  and  must  be  done  at  a 
regular  or  special  meeting  of  the  trustees. 

Opportunity  to  be  heard. — The  teacher  must  not  be 
discharged  without  notice,  and  a  chance  to  defend 
himself  6  (D.  3510),  Id.  (14). 

1  305.  2  196.  3  455.  4  416.  5  142,  168,  384,  447. 


126         BREAKING  THE  CONTRACT 

Where  a  teacher  is  dismissed  by  a  board  during  the  term  of 
employment  without  an  opportunity  to  be  heard  and  without 
sufficient  cause,  such  teacher  is  entitled  to  receive  pay  for  the 
balance  of  his  or  her  term  of  employment,  and  such  dismissal  is 
unlawful,  invalid,  and  void  ^D.  4294). 

Sufficient  cause. — The  principal  causes  that  warrant 
the  annulment  of  the  license  (see  pages  98-104) 
still  more  warrant  the. dismissal  of  a  teacher,  which 
is  a  lighter  punishment. 

Of  course  the  punishment  of  a  teacher  for  not  attending  institute,  not 
keeping  engagement,  or  falsifying  register  (see  pages  103,  104)  is  not  within 
the  power  of  the  trustees. 

a.  Immorality  is  sufficient  cause1   (viii.    15.11 ; 
D.  4294).     See  page  99.     N.  C.  (23),  Pa.  (131,  138), 
S.  D.  (26),  Tenn.  (9),  Utah  (9),  etc. 

By  universal  consent,  and  certainly  by  the  spirit  of  our  school 
law,  it  is  expected  of  teachers  that  they  refrain  from  improper 
language,  keep  the  Sabbath  day  with  respect,  and  in  every  other 
way  avoid  practices  or  company  that  are  demoralizing  in  their 
tendencies. — la.  (37). 

b.  Incapacity  to  teach  is  specified  as  a  cause  for 
dismissal  (viii.  15.11).     See  pages  36,  101.     But  it 
must  be  marked  to  justify  this  action2.     X.  C.  (23). 

After  a  teacher  has  obtained  a  certificate,  been  employed,  and 
entered  upon  his  duty,  he  should  not  be  discharged  without  the 
clearest  proof  of  his  iucompetency  or  palpable  neglect  of  duty,  in 
default  of  which  on  the  part  of  the  trustees  inferior  courts  should 
find  for  the  teacher.  The  testimony  of  the  pupils  as  to  the 
teacher's  fidelity  is  to  be  received  with  much  caution,  and  occa- 
sional or  trifling  errors  in  recitation,  or  inaccuracies  in  scholar- 
ship, or  casual  laxity  in  discipline,  or  tardiness  of  action,  or  failure 
to  secure  the  rapid  advancement  of  particular  scholars — these 

1  5.  33,  130,  131,  240,  248,  438,  439.  2  33.  59.  66.  230,  416. 


SUFFICIENT     CAUSES  127 

things,  whether  alleged  or  real,  are  inconsequential  when  weighed 
against  the  favorable  presumption  warranted  by  the  possession  of 
a  legal  certificate,  and  the  evidence  of  general  success  and 
fidelity1. 

One  decision  of  the  State  department  upon  an  appeal  against  dismissal 
reads  thus  :  "The  incompetency  of  the  appellant  I  do  not  think  so  conclu- 
sively proved  as  to  sustain  the  presumption  of  a  non-fulfilment  of  contract 
by  him,  though  from  the  testimony  on  both  sides  I  am  disposed  to  rate  him 
considerably  below  the  grade  of  a  first-class  teacher.  Still,  the  trustees  can 
hardly  expect  to  get  all  the  manly  and  scholarly  virtues  for  $15  a  month ; " 
and  the  appeal  was  sustained. 

Again :  "After  having  taught  9  weeks  and  2  days,  she  was  discharged  on 
the  ground  that  she  failed  in  government.  This  the  teacher  denies,  testify- 
ing that  she  had  no  trouble  except  with  one  young  man,  16  years  old,  who 
was  vicious,  profane  and  exceedingly  troublesome.  She  called  upon  the 
trustee  to  aid  her  in  governing  him,  but  without  avail.  She  had  taught 
several  terms  before,  successfully.  Held,  that  the  trustee  should  have  sustained 
the  teacher,  removing  the  pupil  if  necessary ;  and  that  the  discharge  was 
illegal"  (D.  3678).  See  pages  197,  199. 

c.  Neglect  of  duty3  is  the  third  cause  specified  in 
the  New  York  law  (viii.  15.11).     See  page  102.     N. 
C.  (23),  Pa.  (131,  138),  N.  D.  (42),  S.  D.  (26),  Tenn. 
(9),  Utah  (9),  etc. 

d.  Cruelty  is  ample  cause. 

For  inflicting  unjustifiably  severe  punishment  upon  pupils  for 
comparatively  slight  offences,  the  teacher  should  be  discharged  as 
either  incompetent  to  fulfil  his  duties  properly  as  a  teacher,  or  as 
wilfully  regardless  of  them  (D.  1793,  3863).  Pa.  (131). 

As  to  where  the  line  is  drawn  between  cruelty  and  a  justifiable 
maintenance  of  authority,  consult  the  chapter  on  corporal  pun- 
ishment, pages  180-194 

e.  Insubordination  is  sufficient  cause.     See  page 
138. 

The  board  of  education  of  the  village  of  Millport  appealed  to 
the  Department  to  remove  Principal  Harris  Wickham  for  insub- 

1  33.        a  387. 


128  BREAKING    THE    CONTRACT 

ordination,  specifying  that  he  began  school  contrary  to  their  direc- 
tions, refused  to  permit  them  to  clean  the  building,  undertook  to 
have  the  members  arrested  when  they  tried  to  clean  or  repair  the 
building,  refused  to  meet  the  board  for  the  transaction  of  busi- 
ness, exchanged  text -books  against  their  wishes,  received  non- 
resident pupils  without  their  knowledge,  and  was  inefficient  in 
discipline.  Mr.  Wickham  made  no  reply  to  these  charges,  but 
claimed  that  the  Department  could  not  remove  him  except  by 
revoking  his  license  to  teach.  In  this  he  is  sustained.  The 
charge  is  not  of  immoral  conduct  or  of  mental  incapacity.  If 
ihe  charges  are  true  tlie  board  might  remove  him  for  insubordination, 
in  which  case  he  would  have  the  right  to  appeal,  that  the  truth  or 
falsity  of  the  charges  might  be  established  (D.  3565). 

If  this  charge  involves  a  ques'ion  of  veracity,  the  burden  of 
proof  is  on  the  trustees.  Thus  where  Sup't  Sheldon  J.  Pardeeof 
Long  Island  City  swore  to  one  thing  and  Principal  Peter  E. 
Demarest  to  the  opposite,  the  State  superintendent  preferred  to 
take  Mr.  Demarest's  word,  as  appears  in  the  following  decision  : 

The  respondent's  charge  of  insubordination  seems  to  be  based  upon  the 
allegation  contained  in  the  affidavit  of  Mr.  Pardee  that  the  appellant  did  not 
recognize  the  authority  of  Pardee  as  superintendent  of  schools,  or  to  read 
the  resolution  passed  by  respondents  on  January  24, 1893,  hereinbefore  men- 
tioned. Pardee  avers  a  copy  was  given  to  the  appellant,  and  the  appellant 
avers  it  was  not  delivered  to  him.  The  affirmative  is  upon  the  respondents 
to  establish  the  allegation  of  Pardee,  and  in  this  the  respondents  have  failed 
(D.  4195). 

f.  Bribery  or  agency  is  in  many  States  a  specified 
cause. 

'teachers  are  forbidden  to  have  any  pecuniary  interest,  directly 
or  indirectly,  in  supplying  books,  maps,  school  furniture,  and 
apparatus  to  the  schools  of  tlie  State,  or  to  act  as  agent  for  any 
author,  publisher,  bookseller,  or  dealer  in  any  such  school  furni- 
ture or  apparatus,  or  directly  orindirectly  receive  any  gift,  emolu- 
ment, reward  or  promise  of  reward,  for  his  influence  in  recom- 
mending or  procuring  the  use  of  any  book,  map  or  school 
apparatus,  or  furniture  of  any  kind  in  any  public  school  of  this 
State.  Any  teacher  who  shall  violate  this  provision,  besides 
being  removed  from  his  post,  shall  be  subject  to  a  penalty  of  not 


SUFFICIENT   CAUSES  129 

less  .than  $200  nor  more  than  $500,  and  shall  be  guilty  of  misde- 
meanor. Tenn.  (13). 

So  Ariz.  (15) ;  Ark.  (81)  ;  Cal.  (40) ;  N.  J.  (44) ;  Pa.  (146) ;  R.  I.  (82) ;  Utah 
(16) ;  Va.  (73) ;  Wy.  (42),  etc. 

New  York  places  a  similar  restriction  upon  school  commission- 
ers (v.  12),  and  upon  school  officers  (Penal  Code,  §473). 

R.  I.  (12)  also  prohibits  any  oerson  from  offering  fee,  commis- 
sion, or  compensation. 

Va.  (73)  makes  a  special  concession  to  authors  : 

Exceptions  to  the  requirements  of  this  section  may  be  made  by  the  board 
of  education,  in  the  case  of  a  school  officer  being  the  author  of  school  books 
or  maps,  or  the  inventor  of  school  furniture  or  apparatus,  in  which  case  the 
board  of  education  may,  at  its  discretion,  make  specific  arrangements 
whereby  such  school  officer  may,  if  his  book  or  invention  be  adopted  by 
proper  authority,  enjoy  the  profit  of  the  proceedings  thereof  without  offence : 
provided,  that  no  unfair  advantage  be  allowed  over  other  competitors  in  se- 
curing the  adoption  of  the  book  or  invention. 

g.  Closing  school  without  consent  of  the  trustees, 
even  for  a  single  school  day  is  sufficient  cause1  (D. 
3782).  Va.  (93). 

Of  course  a  teacher  must  do  his  teaching  in  the  schoolhouse2. 

(1)  CONSENT  OP  THE  TRUSTEES  MUST  BE  OFFICAL,  at  a  meet- 
ing regularly  called3  (D.  1751). 

(2)  THE  TRUSTEES  ARE  TO   PROVIDE  THE   SUBSTITUTE.      The 

teacher  can  furnish  substitute  only  by  permission  of  the  trus- 
tees4 (D  4003),  W.  Va.  (63),  the  wages  to  be  paid  by  deduction 
from  the  teacher's  wages.  la.  (55). 

The  substitute  must  be  licensed  (see  page  105);  and  some  States  require 
that  the  license  should  be  of  the  same  grade  as  that  of  the  absent  teacher. 
W.Va.  (36,  63). 

(3)  EVEN  IP  THE   SCHOOLHOUSE   T!i   LOCKED    AGAINST    HIM,  if 

the  teacher  goes  away  without  applying  to  the  trustees  for 
admission,  he  abandons  his  contract.  He  must  make  every 
reasonable  effort  to  continue  the  school. 

1  50,  76,  117,  133,  124.  143,  248,  263.        2  152.        3  375,        *  60,  51. 


130  BREAKING    THE    CONTRACT 

A  teacher  voluntarily  giving  up  the  school,  even  at  the  request  of  the 
trustees,  can  recover  only  for  the  time  actually  taught  * . 

On  the  other  hand,  a  teacher  dismissed  for  cause  who  took  forcible 
possession  of  the  schoolhouse  and  continued  to  teach  could  not  recover 
wages  2. 

(4)  IF  HE  ABANDONS  HIS  CONTRACT  without  justifiable  reason, 
he  cannot  recover  for  time  already  taught*. 

But  if  he  is  obliged  to  give  up  the  school  because  not  sus- 
tained by  the  trustees  in  the  enforcement  of  reasonable  rules,  he 
is  entitled  to  pay  for  the  time  taught4,  and  if  the  failure  is  plain- 
ly no  fault  of  his,  for  the  full  term.  See  page  136. 

A  teacher  employed  for  nine  months,  but  not  teaching  the  last  month 
through  neglect  of  the  trustees  is  entitled  to  pay  for  that  month  also  B . 

A  teacher  who  was  hired  for  three  months  had  taught  six  weeks.  The 
district  became  dissatisfied,  only  one  or  two  scholars  attended,  the  stove- 
legs  and  pipe  were  carried  from  the  school-room,  and  the  teacher  had  to 
close  school.  By  the  request  of  the  committee,  he  held  himself  ready  to 
complete  the  term,  but  the  committee  did  not  put  the  building  in  order.  He 
recovered  wages  for  the  full  term  «. 

(5)  TEMPORARY  ILLNESS,  however,  is  not  good  ground  for 
dismissal. 

The  English  view  is  even  that  salary  may  be  drawn  for  the 
time  of  absence. 

Of  course  a  headmaster  may  dismiss  his  assistant  with  due  notice  on 
the  assistant  falling  ill ;  but  the  illness  is  not  sufficient  cause  for  summary 
dismissal,  unless  it  is  likely  to  disable  him  permanently,  or  for  a  long  time, 
from  doing  his  duties.  If  the  assistant  is  obliged,  because  of  illness,  to  be 
absent  from  his  duties  at  any  time,  and  then  returns  again  to  them  on 
recovery,  he  nas  a  right  to  his  salary  for  the  time  he  was  laid  by,  as  the  con- 
tract between  him  and  his  employer  has  not  been  rescinded,  and  has,  there- 
fore, been  in  force  all  the  time  1. 

In  American  public  schools,  the  teacher  absent  through  sick- 
ness or  other  cause  is  expected  to  pay  the  wages  of  the  substitute, 
as  stated  above.  The  pension  law  (see  page  131)  also  makes  pro- 
vision for  substitutes. 

h.  Mere  dissatisfaction  of  pupils  and  parents  is 
not,  in  most  States,  cause  for  dismissal8.  See  page 
102. 

*  28.        »  400,  405.        *  230,  419,  427.         »  250,  251.        «  40. 

*  397,  402. 


SUFFICIENT   CAUSES  131 

The  fact  that  parents  do  not  send  their  children  to  school  does 
not  of  itself  affect  the  teacher's  right  to  compensation1.  la.  (54), 
W.  Va.  (75). 

In  R.  I.  (63)  the  trustees  may  suspend  the  school  whenever  the  average 
attendance  falls  below  5 ;  in  La.  (55)  and  Md.  (22),  whenever  the  average 
attendance  in  any  school  for  any  two  consecutive  terms  is  less  than  10 
pupils ;  and  in  Ky.  (49)  when  the  trustees  ascertain  that  the  average  daily 
attendance  for  20  consecutive  days  has  been  less  than  25  per  cent  of  the 
total  number  of  children  of  school  age  in  the  district,  they  shall,  with  the 
consent  of  the  county  superintendent,  dismiss  the  teacher  and  employ 
another  to  complete  the  term,  unless  they  are  satisfied  that  the  decreased 
attendance  was  due  to  such  natural  causes  as  high  water,  extremely  inclem- 
ent weather,  epidemics,  or  unusual  sickness  in  the  district. 

i.  On  payment  of  damages  a  teacher  may  be  dis- 
charged, even  without  adequate  cause. 

Michael  E.  Devlin  had  been  principal  of  No.  1  Westchester 
since  1881,  his  recent  salary  being  $2,100.  On  August  7,  1887, 
the  board  of  education  by  a  vote  of  5  to  4  voted  to  employ  Irving 
Washburn,  at  a  salary  of  $1,800.  This  created  much  feeling  in 
the  district,  and  the  annual  meeting  on  August  28  was  largely 
attended.  The  new  members  of  the  board  elected  were  those 
known  to  be  in  favor  of  Mr.  Devlin,  and  the  meeting  instructed 
the  board  to  re -employ  Mr.  Devlin,  and  raised  $2,100  additional 
to  the  original  estimates  for  his  salary,  assuming  that  Mr.  Wash- 
burn  must  be  paid  the  salary  the  old  board  had  agreed  to  give 
him.  Held,  that  while  the  meeting  had  no  right  to  dictate  to 
the  board  whom  they  should  hire,  it  had  a  right  to  raise  the 
$2,100,  and  the  board  had  the  right  to  engage  Mr.  Devlin,  and  to 
pay  Mr.  Washburn  $1,800  as  damages  in  full  (D.  3732). 

k.  Pensions  may  be  granted  in  New  York  to 
teachers  who  have  been  25  years  in  continuous  ser- 
vice in  the  schools  of  any  town,  in  which  case  the 
teacher  is  retired  from  teaching. 

Under  this  act  (Chap.  767,  laws  of  1895)  pensions  may  be 
granted  only  by  raising  a  town  pension  fund  at  an  annual  town- 

i  70,  397. 


132  BREAKING    THE    CONTRACT 

meeting,  upon  petition  of  35  or  more  taxpayers  properly  adver- 
tised. Where  the  town  votes  this,  teachers  who  are  eligible  may 
make  application  to  the  town  clerk,  and  thereafter  the  super- 
visors must  include  in  the  tax  levy  the  amount  necessary  to  pay 
to  such  teachers  monthly  at  one-half  the  rate  of  the  wages  received 
by  the  teacher  during  his  last  year  of  teaching.  Such  teachers,  if 
not  physically  disabled,  may  be  required  by  the  commissioner  to 
take  the  place  of  a  teacher  temporarily  absent  or  disqualified, 
without  additional  compensation. 

New  York  and  some  other  cities  have  special  pension-laws  of  their  own. 

Proper  method  of  procedure. — The  possession  of  a 
license  is  prima  facie  evidence  of  qualification,  and 
if  the  trustees  can  secure  its  annulment  that  relieves 
them  of  the  teacher  without  responsibility  of  their 
own1. 

In  New  York  it  has  been  held  that  since  a  State  certificate 
while  unrevoked,  conclusive  evidence  that  the  person  to  whom  it 
was  granted  was  qualified  by  moral  character,  learning,  and 
ability  to  teach  any  common  school  in  the  State,  the  superinten- 
dent felt  himself  by  this  statute  debarred  from  considering  alle- 
gations against  the  moral  character,  learning,  and  ability  of  the 
teacher,  upon  an  attempt  to  discharge  her  from  the  employment 
of  the  board,  and  held  that  the  proceeding  should  have  been  one 
to  annul  her  State  certificate  (D.  3510). 

In  Mo.  (15)  trustees  cannot  discharge  a  teacher  for  incompe- 
tence or  immorality  until  his  certificate  is  revoked2. 

But  the  present  policy  of  the  New  York  Depart- 
ment of  Public  Instruction  is  manifestly  to  sustain 
the  certificate  (see  page  102) ;  and  since  the  power 
of  annulment  except  for  immorality  is  taken  away 
from  commissioners,  trustees  if  they  wish  to  get 

1  6,  33,  230,  289.  *  883,  335 


SUFFICIENT   CAUSES  133 

rid  of  a  teacher  must  usually  take  the  responsi- 
bility of  discharging  him ;  and  this  is  a  serious 
responsibility. 

Liability  for  criticism. — When  trustees  have  dis- 
charged a  teacher,  they  are  sometimes  asked  why, 
especially  by  trustees  of  other  schools  for  which  the 
teacher  has  made  application.  In  such  cases,  the 
reply  is  privileged,  and  if  made  in  good  faith  an 
action  for  slander  or  libel  will  not  stand. 

A  letter  from  an  inhabitant  of  the  district  to  the  trustees  com- 
plaining of  the  teacher  is  privileged,  if  written  with  an  honest 
purpose  and  for  the  public  good1.  Tounshend  on  Slander  and 
Libel,  pp.  385,  899  ;  but  see  272. 

The  English  law  holds  good  in  this  country,  and  is  thus 
stated  : 

A  head -master  is  not  bound  to  give  any  character  or  testimonial  to  his 
assistant ;  but,  when  he  does  give  one,  all  statements  made  therein  are 
privileged,  and  no  action  for  libel  can  be  brought  on  them,  provided  they  be 
made  bona-f.de.  This  privilege  exists  because  of  the  duty  thrown  upon 
every  person  by  the  convenience  of  society  to  state  fairly  all  he  knows 
either  for  or  against  a  former  servant  which  would  be  likely  to  influence 
another  person,  who  contemplates  engaging  that  servant,  in  deciding  upon 
the  fitness  of  the  servant  for  the  purpose  for  which  he  requires  him.  If, 
then,  in  accordance  with  this  duty,  a  head-master  states  what  he  honestly 
believes  to  be  the  truth  about  his  assistant,  the  law  will  protect  him  from 
any  penalties  for  so  doing,' even  if  the  things  stated  are,  in  fact  untrue. 
But  if  he  deliberately  makes  a  statement  which  he  knows  to  be  false,  and 
gives  his  assistant  a  bad  character  which  he  knows  he  does  not  deserve,  the 
head-master  is  not  acting  in  accordance  with  his  duty,  and  lays  himself  open 
to  an  action  for  libel  at  the  suit  of  the  injured  assistant.  Malice  being 
proved  destroys  the  privilege  which  otherwise  would  exist,  and  any  deliber- 
ate and  intentional  false  statement,  or  any  statement  made  recklessly,  with- 
out knowing  whether  it  be  true  or  false,  is  evidence  of  malice.  If  a  head- 
master give  his  assistant  a  good  character,  by  means  of  which  he  gains 
another  situation,  and  the  head-master  subsequently  finds  out  that  he  was 

i  186. 


134  BREAKING  THE  CONTRACT 

mistaken  in  giving  such  a  character,  and  informs  his  former  assistant's  new 
employer  of  the  mistake,  this  information  will  be  privileged ;  and  indeed  it 
is  the  duty  of  the  head-master  to  correct  his  mistake  1  . 

When,  however,  a  head-master  hears  that  a  former  assistant  is  about  to 
be  appointed  to  a  new  post,  it  is  not  his  duty  to  volunteer  information  as  to 
such  assistant's  character,  and  it  is  much  safer  for  him  to  wait  until  asked 
before  making  any  statement. 

Eagerness  to  prevent  a  former  servant  obtaining  another  place  has  the 
appearance  of  malice,  and  if  it  were  found  that  I  wrote  systematically  to 
every  one  to  whom  the  plaintiff  applied  for  work,  the  jury  would  probably 
give  damages  against  me.  On  the  other  hand,  if  a  person  into  whose  ser- 
vice he  was  about  to  enter  was  an  intimate  friend  or  a  relation  of  mine,  and 
there  was  no  other  evidence  of  malice  except  that  I  volunteered  the  infor- 
mation, the  occasion  would  still  be  privileged.—  Odgers  on  Slander  and  Libel, 
p.  SOS. 

In  case  of  dismissal  for  gross  immorality,  however,  it  is 
unquestionably  the  duty  as  well  as  the  right  of  the  trustees  to 
make  known  the  fact  to  any  school  likely  to  engage  the  dis- 
charged teacher. 

The  teacher's  defence.— A.  teacher  who  feels  him- 
self unjustly  treated  in  being  discharged  has  the 
option  of  two  methods  of  redress  :  appeal  to  the 
courts,  or  appeal  to  the  State  superintendent. 

This  applies  also  to  withholding  and  to  annulling  a  certificate, 
pages  98,  104,  and  to  any  other  dissension  that  may  arise  between 
the  teacher  and  the  trustees  or  other  school-officers. 

a.  Appeal  to  the  courts. — He  may  apply  for  a 
writ  of  mandamus,  to  compel  re-instatement3  ;  or 
may  hold  himself  ready  to  perform  his  part  of  the 
contract,  and  when  the  time  has  expired  may  sue 
for  his  wages3. 

In  Ind.  there  is  no  appeal  from  the  action  of  the  trustees  in  dismissing  a 
teacher  4.  see  also  page  125. 

1  453.         a  19.         s  59,  66,  117,  122,  273  a,  301,  307,  312, 316,  318,  368.        •*  76. 


APPEAL   TO    THE    STATE   SUPERINTENDENT      135 

b.  Appeal  to  the  State  superintendent. — He  may 

appeal  to  the  State  superintendent  either  to  reinstate 
him,  or  to  direct  the  trustees  to  pay  him  his  wages1. 
Cal.  (27),  Mont.  (45). 

This  appeal  may  be  made,  even  after  the  teacher  has  been 
non -suited  in  the  courts2. 

The  appeal  may  be  made  in  cities,  as  well  as  in  rural  districts 
(D.  3864,  4195). 

Where  there  is  a  State  board  of  education  there  is  usually  an  appeal  to 
it  from  a  decision  of  the  State  superintendent.  Va.  (31).  In  some  States 
appeals  must  be  made  first  to  the  county  superintendent  a ;  in  Ga.  (21)  to  the 
county  board  of  education. 

It  is  a  rule  of  the  Department  that  all  acts  and  proceedings 
will  be  regarded  as  regular  unless  appealed  from.  The  bringing 
of  appeals  for  light  and  trifling  causes  will  be  discouraged.  If 
vague  or  uncertain  in  statement  or  illegible  and  unintelligible, 
appeals  will  be  disregarded  (D.  3754). 

The  superintendent  will  not  assume  jurisdiction  of  cases  in  the 
nature  of  a  prosecution  for  the  recovery  of  a  fine  or  penalty  ;  nor 
will  he  undertake  to  settle  disputes  as  to  contracts  and  other 
matters  involving  money,  where  the  issue  depends  upon  the  truth 
of  diverse  statements  and  should  be  settled  by  the  courts4  (D.  1978) ; 
or  where  the  amount  involved  is  indeterminate  ;  or  to  enforce  the 
payment  of  money  where  a  decision  has  been  rendered,  which 
should  be  left  to  the  regular  legal  authorities.  See  page  113. 

But  a  teacher  in  the  State  of  New  York,  who  promptly  and 
clearly  presents  to  the  Department  evidence  of  unjust  treatment 
by  any  school  officers  in  the  discharge  of  his  duties  under  the 
school  law,  may  be  assured  that  the  case  will  be  thoroughly  and 
impartially  investigated,  and  a  decision  rendered  with  no  expense 
to  him,  from  which  no  appeal  can  be  taken  to  any  court  of  law. 

The  rules  of  practice  of  the  Department  will  be  found  in  the 
Consolidated  School  Law,  pages  147,  148  of  the  edition  of  1894. 

1  271,  302,  318.  «  308.  *  264.  *  321. 


136          BREAKING  THE  CONTRACT   • 

Recovery  of  wages. — After  being  dismissed  the 
teacher  can  draw  no  further  pay.  R.  I.  (250).  If  a 
teacher  succeeds  in  his  appeal,  he  may  receive  wages 
for  the  whole  time  for  which  he  was  employed1 
(D.  4294). 

But  only  for  the  difference  between  the  stipulated  wages,  and 
what  he  earned  or  might  have  earned  at  a  similar  employment  in 
his  own  vicinity  during  the  time  covered  by  the  contract2.  Minn. 
(41).  Greenleaf  on  Evidence,  ii.  §  161  a :  Chitty  on  Contracts, 
llth  Am.  ed.,  ii.  855,  note. 

The  burden  of  proving  that  the  teacher  could  have  secured  other 
employment  Is  upon  the  trustees  s. 

As  in  other  cases,  the  damages  which  can  be  recovered  should  be  such  as 
follow  la  the  natural  course  from  the  wrongful  act,  and  ought  to  be  meas- 
ured, so  as  to  put  the  plaintiff  pecuniarily  in  the  same  position  as  he  would 
have  been  if  he  had  been  dismissed  rightly.  He  is  not  necessarily  entitled, 
as  was  once  thought,  to  his  full  salary  for  the  unexpired  time  of  his  service 
according  to  the  contract ;  he  must  not  sit  still  and  do  nothing,  but  should 
use  all  reasonable  exertions  to  get  a  new  situation,.and  should  accept  of 
such  suitable  employment  as  may  offer  itself.  If  he  get  a  new  situation 
without  much  delay,  the  damages  will  be  reduced  according  to  its  value ; 
but  whatever  the  value  of  the  new  situation  may  be,  the  plaintiff  is  always 
entitled  to  some  damages  for  the  wrong  done  him  by  the  breach  of  contract. 
If  a  master  be  engaged  for  a  certain  definite  time,  and  he  is  dismissed 
wrongfully  before  the  end  of  that  time,  he  can  sue  at  once,  and  need  not 
wait  until  the  time  has  expired.  *  *  *  If,  therefore,  an  action  is  brought 
for  wrongful  dismissal,  and  the  contract  was  for  service  for  a  fixed  time, 
which  has  not  expired,  the  jury  should  estimate  the  probability  of  the 
plaintiff  obtaining  other  employment,  and  deduct  the  value  of  such  employ- 
ment from  the  salary  the  plaintiff  would  have  received,  if  he  had  con- 
tinued in  the  service  to  the  end  of  the  agreed  time  *. 

A  CELEBRATED  CASE  in  New  York  illustrates  this  principle. 
On  June  28,  1880,  Neil  Qilmour,  then  superintendent  of  public 
instruction,  demanded  the  peremptory  resignation  of  James  A. 
Hoose,  principal  of  the  Cortland  State  normal  school,  and  on  July 
12  "  withdrew  his  approval "  of  his  appointment.  On  July  24 
he  appointed  James  M.  Cassety  principal  of  the  school.  The 
local  board  refused  to  recognize  the  appointment,  and  on  Sept.  1 

1  47,  59,  439.    But  see  358  a.  z  15,  70.  »  69.  *  459. 


RECOVERY    OF    WAGES  137 

opened  the  school  under  Dr.  Hoose,  six  of  the  teachers  appearing 
on  the  platform,  while  the  other  six  obeyed  the  State  superin- 
tendent. 

On  Oct.  26  Mr.  Gilmour  applied  for  a  mandamus,  which  was 
granted  ;  and  on  Feb.  15,  1881,  the  school  was  opened  under  Mr. 
Cassety.  On  Feb.  22,  the  local  board  appealed  to  the  general 
term,  which  on  Sept.  20,  1881,  affirmed  the  decision  of  the  court 
below.  The  local  board  then  carried  the  case  to  the  court  of 
appeals,  which  on  April  18,  1882,  decided  in  favor  of  the  local 
board.  Whereupon  Dr.  Hoose  once  more  took  charge  of  the 
school,  his  six  teachers  returning  with  him. — 8.  B.  viii.  119. 

The  Governor  vetoed  the  item  in  the  supply  bill  to  pay  the 
salaries  of  Dr.  Hoose  and  his  teachers  for  the  time  they  were  kept 
out  of  the  school,  on  the  ground  that  the  State  should  not  pay 
twice  for  the  same  work  ;  but  on  Jan.  22,  1884,  the  court  of  claims 
awarded  Dr.  Hoose  for  himself,  and  for  his  assistants  who  had 
assigned  their  claims  to  him,  the  sum  of  $12,551.25  and  interest 
from  April  26,  1882,  including  $3,187.50  for  his  own  salary. 
From  this  last  item  $1,403.43  was  deducted,  being  the  amount  he 
had  received  from  the  city  of  Binghamton  where  he  had  served 
as  superintendent  a  part  of  the  interim.  Dr.  Stowell,  teacher  of 
sciences,  who  had  not  engaged  in  teaching  elsewhere,  received 
the  full  salary  for  the  time,  $2,167.50.  On  May  24,  1884,  Gov. 
Cleveland  affixed  his  signature  to  a  bill  paying  this  award. 

Damages  for  injustice. — If  the  trustees  have  acted 
wantonly  and  maliciously,  the  teacher  may  proceed 
against  them  personally1  ;  but  he  must  show  clearly 
that  malice  and  injury  were  the  impelling  motives2. 

1  352  a.  2  66,  76,  104,  305,  311,  339,  3j2,  354. 


CHAPTER  V 

RULES    AND    REGULATIONS 

The  original  authority  to  make  rules  and  reg- 
ulations lies  in  the  trustees1  (vii.  47.11  ;  viii.  15.2). 
See  pages  37-45.  Ark.  (65),  Col.  (36),  la.  (35), 
Mont.  (44),  Neb.  (40),  Ohio  (64),  R.  I.  (61),  Wis. 
(42),  etc. 

Ky.  (49)  requires  the  trustees  to  meet  at  the  schoolhouse  on  the  day  of 
opening  school,  and  at  least  one  month  thereafter  during  the  opening  ses- 
sion .  Mont.  <39)  requires  every  one  of  the  trustees  to  visit  the  school  at 
least  once  in  each  term,  and  inquire  into  its  management,  condition,  and 
wants. 

For  a  teacher  to  refuse  to  obey  official  rules  would  be  insubor- 
dination, and  warrant  his  discharge.  Mont.  (44).  See  page  138. 

In  Tenn. ,  where  a  teacher  suspended  a  pupil  for  using  tobacco, 
in  violation  of  a  rule  made  by  the  teacher  which  the  trustees 
objected  to,  the  trustees  were  \ipheldindischargingtheteacher2. 

The  rules  must  be  officially  adopted,  at  a  regular 
meeting,  and  recorded  in  the  minutes  (D.  4294, 
3524),  Wis.  (42). 

There  have  been  decisions  to  the  contrary3,  but  the  prepon- 
derance of  authority  is  decidedly  toward  requiring  official  action 
as  stated.  The  trustees  have  authority  only  as  a  board  of  trus- 
tees— not  individually. 

Of  course  a  sole  trustee  may  act  at  any  time. 

1  108, 154,  170,  179,  181,  184,  185,  199,  233,  286,  338,  340,  420,  421,  432,  486. 

2  381.  3  80,  170,  172,  258,  436. 

(138) 


THE  TEACHER'S  RELATION  TO  THE  TRUSTEES  139 

The  school  commissioner,  or  county  superintendent, 
is  to  recommend  to  trustees  and  teachers  the  proper 
rules  and  regulations  (v.  13.2).  See  page  15.  Id. 
(8),  Mont.  (30),  N.  D.  (27),  S.  D.  (26),  etc. 

Outside  and  beyond  the  rules  officially  adopted  by 
the  trustees,  the  power  lies  with  the  teacher. — The  trus- 
tees formulate  the  general  principles  for  the  man- 
agement of  the  school ;  the  practical  application  of 
these  principles  is  confided  to  the  teacher1.  Mo.  (14). 

The  board  has  power  to  make  all  needful  rules  and  regula- 
tions for  the  organization,  gradation  and  government  of  the 
school,  and  to  suspend  any  pupil  for  non-compliance  with  reason- 
able rules  established  by  it,  or  by  the  teacher  with  its  consent2. 
But  in  matters  of  this  kind  the  board  will,  in  the  main,  be  guided 
by  the  advice  of  the  teacher.  While  the  teacher  is  subordinate 
to,  and  must  execute  the  orders  of  the  board,  he  is  responsible 
for  the  conduct,  discipline  and  progress  of  his  pupils,  and  should, 
generally,  be  allowed  to  decide  as  to  the  means  and  methods  of 
discharging  this  responsibility.  Wis.  (42). 

The  teacher's  place  and  authority  cannot  be  taken, 
except  by  his  permission,  by  the  trustee  or  even  by 
the  school  commissioner  or  the  county  superintend- 
ent3. Horace  Mann,  considered  the  school  commit- 
tee in  higher  authority,  saying : 

During  the  period  of  visitation  the  committee  have  the  entire 
control  of  the  school.  For  the  time  being  it  is  their  school,-  and 
the  teacher  is  their  servant.  They  may  decide  what  classes  shall 
be  called  upon  to  perform  exercises,  and  in  what  studies.  They 
may  direct  the  teacher  to  conduct  the  examination,  or  may  con- 
duct it  wholly  themselves,  or  they  may  combine  both  methods. 

1  24,  86.  170,  172,  236.  255.  2  432.  436.  3  21,  401. 


140  RULES   AND    REGULATIONS 

In  fine  they  may  dismiss  the  teacher  for  the  hour,  and  pursue  the 
examination  in  his  absence.  *  *  *  Should  any  scholar  mis- 
behave himself,  or  prove  refractory  or  contumacious  to  the  com- 
mittee, while  they  are  engaged  in  examining  the  school,  it  is 
presumed  they  have  an  authority  to  suspend,  to  expel,  or  to 
punish  on  the  spot,  in  the  same  way  that  the  teacher  may  do  in 
case  of  like  misconduct  committed  against  himself. — 38th  Mass. 
Report,  p.  150. 

But  that  is  not  the  law  of  to-day.  This  has  been 
admirably  stated  in  a  recent  decision  of  the  New 
York  Department  of  Public  Instruction  : 

Boards  of  education  of  union  free  school  districts  are  bodies 
corporate,  and  must  act  as  a  board  in  making  rules  and  regula- 
tions relative  to  the  discipline  and  government  of  the  schools 
under  their  charge  ;  in  prescribing  the  studies  to  be  taught ;  in 
grading  and  classifying  the  schools  and  regulating  the  admission 
of  pupils  therein,  and  in  the  general  management  and  superin- 
tendence of  said  schools.  The  rules  and  regulations  of  the  board 
relative  to  matter  upon  which,  under  the  school  law,  they  are 
authorized  to  act  should  be  adopted  by  the  board  of  sessions  of 
the  board,  and  copies  of  the  rules  and  regulations  should  be  given 
.to  the  teachers.  Individual  members  of  the  Doard  have  no  author- 
ity to  make  rules,  nor  to  give  orders  to  teachers.  Under  the  school 
law,  the  method  of  imparting  instruction  belongs  exclusively  to  the 
teachers.  Tlie  teachers  assign  seats  to  the  scholars,  regulate  the 
order  in  which  recitations  of  classes,  pursuing  the  different  studies 
taught  in  the  scliool,  are  to  be  held,  and  conduct  such  recitations. 
A  visiting  committee  of  a  board,  visiting  a  school,  has  no  authority 
to  interfere  with  the  methods  of  instruction  pursued  by  the  teachers, 
nor  to  give  orders  to  the  teacher,  nor  to  interfere  in  the  recitations  or 
assume  to  conduct  such  recitations,  rwr  to  conduct  examinations  on 
their  own  account,  without  advising  with  the  teachers,  nor  to  inter- 
fere with  the  seating  of  the  pupils.  Such  committee  should  visit 
the  school  at  such  times  as  it  shall  deem  necessary  and  proper,  and 
watch  carefully  the  methods  pursued  oy  the  teacher,  the  govern- 
ment and  discipline  of  the  school,  whether  or  not  the  teacher 


THE  TEACHER'S  RELATION  TO  THE  TRUSTEES  141 

maintains  good  order  and  discipline,  etc. ,  etc. ,  and  report  the  facts 
relative  to  such  matters  to  the  board.  If,  in  the  opinion  of  the 
board,  the  condition  of  the  school  is  such  that,  in  its  judgment,  it 
is  not  for  the  best  educational  interests  of  the  school,  then  it  should 
call  the  attention  of  the  teachers  thereto.  No  members  of  a  visit- 
ing committee  or  the  board  should  criticize  or  reprimand  a 
teacher  in  the  presence  of  the  school  or  any  pupil  attending  the 
same,  as  such  a  course  will  be  in  the  highest  degree  detrimental 
to  the  best  educational  interests  of  the  same  (D.  4294). 

So  in  Minn.  (43)  the  authority  of  the  trustees  over  the  interior 
management  of  the  schools  is  entirely  advisory  in  its  character. 
The  responsibility  for  the  correct  government  and  discipline  of 
the  school,  as  well  as  the  adoption  of  such  methods  of  teaching 
as  seem  best  calculated  to  promote  the  advancement  of  the 
scholars  in  their  several  branches  of  study,  rests  solely  with  the 
teacher.  Of  course  there  ought  to  be  and  always  will  be  a  mutual 
interchange  of  views,  and  a  cordial  co-operation  between  teachers 
and  trustees  in  all  these  matters,  whenever  a  regard  is  had  to  the 
important  interests  intrusted  to  their  charge. 

An  illustration  will  make  this  point  clear.  Con- 
gress establishes  by  law  the  rates  of  postage,  and 
the  classification  of  mail  matter :  but  a  New  York 
senator  would  not  think  of  entering  the  Albany 
postoffice  and  directing  the  postmaster  hereafter  to 
charge  3  cents  for  letter-postage,  or  to  charge  letter- 
postage  on  periodicals ;  he  would  not  even  assume 
to  dictate  to  the  postmaster  whether  a  new  periodi- 
cal should  be  received  at  newspaper  rates,  or  to  give 
directions  as  to  the  internal  management  of  the 
postoffice.  His  power  is  only  as  a  member  of  con- 
gress and  in  the  halls  of  congress  ;  as  an  individual 
he  has  no  more  authority  in  the  postoffice  than  any 
other  individual. 


142  RULES    AND    REGULATIONS 

On  the  other  hand,  the  postmaster-general  has 
entire  power  to  enter  any  postoffice  either  personally 
or  by  messenger,  and  make  any  investigation 
desired  into  the  methods  employed.  It  is  his  duty 
to  give  the  general  directions  under  which  post- 
offices  shall  be  conducted,  and  any  specific  directions 
that  a  particular  postoffice  requires.  He  determines 
the  classification  of  mail  matter,  and  in  general  is 
entrusted  with  the  details  of  carrying  out  the  laws 
established  by  congress. 

The  superintendent  of  schools  in  a  village  or  city 
occupies  the  same  relation  to  the  teachers  of  the 
village  or  city  that  the  postmaster-general  does 
toward  the  postmasters.  He  is  the  executive  officer 
of  the  board  of  education,  and  is  authorized  to  rep- 
resent them  in  matters  of  detail  as  regards  the  man- 
agement and  discipline  of  the  school,  the  course  of 
study,  and  the  methods  of  teaching.  He  may  take 
the  place  of  a  teacher  at  any  time,  may  direct  what 
shall  be  taught,  and  how  and  when  it  shall  be 
taught,  and  may  usually  transfer  teachers  from  one 
department  to  another  as  the  needs  of  the  school 
require.  In  some  cities,  like  Cleveland,  he  has 
entire  authority  to  engage  and  discharge  teachers, 
and  is  the  head  of  the  body  of  which  they  are  the 
members,  with  full  power  of  direction. 

The  principal  of  the  school  occupies  toward  his 
subordinate  teachers  much  of  the  relation  of  super- 


AUTHORITY    OF    THE    SUPERINTENDENT          143 

intendent ;  and  in  villages  where  there  is  no  super- 
intendent he  practically  fills  that  place.  Hence  in 
many  schools  the  rules  and  regulations  are  made 
by  the  principal,  and  are  often  endorsed  only  tacitly 
by  the  trustees. 

Regarding  the  powers  of  a  teacher  to  act  in  absence  of  author- 
ity regularly  conferred  by  a  school  board,  Judge  Lyons,  of  the 
Supreme  Court  of  Wisconsin,  said  : 

While  the  teacher  or  principal  in  charge  of  a  public  school  is  subordinate 
to  the  school  board  or  board  of  education  of  his  district  or  city,  and  must 
enforce  rules  and  regulations  adopted  by  the  board  for  the  government  of 
the  school,  and  execute  all  its  lawful  orders  in  that  behalf,  he  does  not  derive 
all  his  power  and  authority  in  the  school  and  over  his  pupils  from  the  affirmative 
action,  of  the  board.  He  stands,  for  the  time  being  in  locoparentis  to  his 
pupils,  and,  because  of  that  relation,  he  must  necessarily  exercise  authority 
over  them  in  many  things  concerning  which  the  board  may  have  remained 
silent.  In  the  school,  as  in  the  family,  there  exists  on  the  part  of  the  pupils 
the  obligations  of  obedience  to  lawful  commands,  subordination,  civil 
deportment,  respects  for  the  rights  of  other  pupils,  and  fidelity  to  duty. 
These  obligations  are  inherent  in  any  school  system,  and  constitute,  so  to 
speak,  the  common  law  of  the  school.  Every  pupil  is  presumed  to  know 
this  law,  and  is  subject  to  it,  whether  it  has  or  has  not  been  re-enacted  by 
the  district  board  in  the  form  of  written  rules  and  regulations.  Indeed,  it 
would  seem  impossible  to  frame  rules  which  would  cover  all  cases  of  vicious 
tendency  which  the  teacher  is  liable  to  encounter  daily  and  hourly  l. 

Yet  it  must  never  be  forgotten  that  in  regard  to  the 
hours  of  school,  the  course  of  study,  the  adoption  of  text- 
books, the  general  regulations,  and  the  expulsion  of 
pupils,  the  action  of  the  teacher  has  no  legal  force  until 
formally  endorsed  by  the  trustees2.  See  page  37. 

However  unbounded  the  confidence  placed  in  him,  a  wise 
teacher  will  secure  the  sanction  of  the  trustees  before  he  an- 
nounces his  own  course  as  to  these  questions. 

1  170,  255.  2  432,  436. 


144  RULES   AND    REGULATIONS 

What  rules  may  be  made. — While  in  general  the 
rules  for  any  particular  school  will  depend  upon  its 
peculiar  circumstances  and  must  be  left  to  the  local 
authorities,  there  are  some  kinds  of  rules  of  such 
universal  application  that  usage  has  become  fixed 
into  law  and  must  be  followed. 

It  has  been  decided  by  the  courts  that  whether  or  not  a  rule  is 
reasonable  is  a  question  of  law  for  the  Court  to  decide  and  not 
one  of  fact  to  be  determined  by  a  jury1. 

Any  rule  for  the  school,  not  interfering  with  the  rights  of  chil- 
dren or  parents,  or  in  conflict  with  humanity  and  the  precepts  of 
Divine  law,  which  tends  to  advance  the  object  of  the  law  in 
establishing  public  schools,  must  be  considered  reasonable  and 
proper2. 

In  Ark.  (66),  the  trustees  may  enforce  a  rule  against  the  nse  of  tobacco 
or  whiskey,  or  the  carrying  of  any  deadly  weapon  in  any  part  of  the  school- 
building. 

Special  chapters  are  given  to  Absence  and  Tardiness  (page 
149) ;  Control  of  the  Child's  Studies  (page  155) ;  The  Bible  and 
Religious  Exercises  (page  166);  Extent  of  Authority  (page  170) ; 
Corporal  Punishment  ipage  180);  and  Suspension  and  Expulsion 
(page  195).  The  following  are  treated  here  : 

a.  Hours  of  school.  e.  Personal  cleanliness. 

b.  Janitor  work.  /.  Manner  of  attire. 

c.  Pecuniary  fines.  g.  Left-handed  children. 
d.  Use  of  tobacco.  h.  Outside  the  school. 

a.  The  hours  of  school. — The  hours  of  school  are 
usually  6, — 3  in  the  morning  and  3  in  the  afternoon, 
with  recesses  in  the  middle  of  each  session  of  10 
minutes  for  the  boys  and  10  minutes  for  the  girls. 

1  89,  421.  2  108, 


HOURS   OF    SCHOOL  145 

Unless  there  is  specification  in  the  contract,  it  is  understood 
that 'the  hours  of  school  are  those  customary  in  the  district.  Kan. 
(44),  Md.  (22). 

The  school  law  does  not  prescribe  the  hour  when  schools  shall 
be  opened,  nor  the  number  of  hours  during  which  they  shall  be 
kept  open.  Custom,  it  is  true,  fixes  the  period  somewhere 
between  the  hours  of  8  A.  M.,  and  5  p.  M.,  but  this  custom  may 
be  departed  from,  at  the  discretion  of  the  directors,  and  to  suit 
the  wants  of  the  pupils.  Pa.  (149). 

Obvious  hygenic  requirements  make  recesses  for  each  sex  in- 
dispensable where  the  playgrounds  are  not  wholly  distinct.  But 
this  last  is  now  required  in  New  York  (vii.  48  ;  see  page  47),  and 
is  becoming  so  in  other  States. 

In  some  schools  no  recesses  are  given,  the  session  being 
shortened  proportionally.  It  is  becoming  customary  to  dismiss 
primary  classes  before  the  close  of  each  session,  and  is  usually 
advisable. 

Ariz.  (44)  requires  that  the  session  shall  begin  at  9  o'clock  and  end  at  4, 
with  an  intermission  from  12  to  1,  and  recesses  from  10:40  to  11,  and  from  2:40 
to  3.  In  primary  schools  where  the  average  age  of  the  pupils  is  8  years,  the 
daily  sessions  shall  not  exceed  4  hours  a  day,  exclusive  of  intermission  and 
recesses ;  where  it-  is  under  8  years,  the  confinement  in  school  shall  not 
exceed  3)^  hours.  Ore.  (70)  has  a  similar  provision.  Cal.  (25)  limits  the  num- 
ber of  school-hours  to  6,  and  forbids  that  pupils  under  8  shall  be  kept  In 
school  more  than  4  hours. 

Mont.  (46),  Ore.  (41),  Wash.  (28),  name  6  hours  for  pupils  over  8,  but  per- 
mit the  trustees  to  order  fewer.  Va.  (91)  prescribes  that  no  school  shall  be 
taught  fewer  than  6  hours ;  Fla.  (25)  not  more  than  6  or  fewer  than  5. 

Mont.  (46),  Ore.  (70),  Wash.  (28)  give  the  teacher  power  to  dismiss  all 
scholars  under  8  after  a  4  hours'  session. 

fo.  Janitor  work. — Pupils  may  not  be  compelled 
to  do  janitor  work,  like  building  fires,  or  sweeping 
the  schoolhouse1.  R.  I.  (226).  Compare  page  121. 

In  1856,  Judge  Cutting  of  the  Supreme  Court  of  Maine  decided 
that  a  boy  attending  school  might  be  required  by  the  teacher  to 
build  the  fire  at  the  schoolhouse  his  proportion  of  the  time,  and 

J  440. 


146  RULES    AND    REGULATIONS 

sustained  the  teacher  for  flogging  a  boy  because  be  refused  to 
make  a  fire  (N.  T.  Teacher,  vi.  432).  But  this  decision  stands 
alone,  and  is  not  good  law. — 38th  Mass.  Report,  p.  151. 

A  child  who  wantonly  carries  dirt  into  the  school-room,  or 
litters  paper  over  the  floor,  may  be  required  to  gather  up  such 
refuse  ashas  been  scattered.  But  thisis  as  a  punishment.  It  may 
be  very  desirable,  under  certain  circumstances,  to  have  such 
work  done  to  save  money  ;  but  no  court  will  sustain  a  board  in 
suspending  a  pupil  for  refusal  to  do  the  work  thus  required1 

c.  Pecuniary  fines. — In  New  York  the  law  con- 
fers upon  trustees  no  power  to  inflict  pecuniary  fines 
(D.  2091),  even  for  injury  to  school  property2. 

Sup't  Ruggles  of  New  York  wrote,  Dec.  31,  1885,  that  pupils 
might  be  disciplined  for  refusing  to  make  good  damages  to  school 
property. — S.  B.  xiii.  62. 

Ariz  (49)  imposes  a  fine  of  50  cts.  and  the  cost  of  the  book 
upon  any  one  losing  or  destroying  a  library  book,  and  a  fine  of 
not  less  than  10  cts.  for  soiling  it.  Maine  (30)  imposes  a  fine  of 
$10  upon  any  minor  who  defaces  the  schoolhouse  or  out-buildings 
by  obscene  writing  or  marks,  and  his  parent  may  be  compelled 
to  pay  double  the  damage.  Mont.  (38,  47),  N.  J.  (27),  Utah 
(13),  and  Wash.  (30)  make  the  parents  liable  for  damage. 

Fla.  (32)  imposes  imprisonment  not  exceeding  15  days,  and 
fine  not  exceeding  $100  upon  any  one  who  defaces  a  school-build- 
ing or  appurtenances  by  obscene  writing,  but  exempts  pupils 
of  the  school  from  this  penalty. 

Ariz.  (46),  Cal.  (25),  Mont.  (38,  47),  N.  J.  (27),  Ore.  (74),  Utah 
(13),  and  Wash.  (30)  make  pupils  who  injure  or  deface  school 
property  subject  to  suspension  or  expulsion. 

In  la.  a  pupil  broke  a  window  costing  about  $3  while  playing 
ball.  The  parents  refused  payment,  and  the  superintendent 
expelled  the  pupil  with  the  ratification  of  the  trustees,  but  the 
court  held  that  they  had  no  right  to  promulgate  or  enforce  such 

1  66.  2  97, 120,  214  a.     Compare  60. 


PERSONAL   REQUIREMENTS  147 

rule.    Judges  Rot-brock  and  Sweevers  dissented  and  quoted  from 
the  code  to  sustain  their  dissent,  but  the  boy  was  reinstated1. 

d.  The  use  of  tobacco. — Rules  may  doubtless  be 
made  forbidding  the  use  of  tobacco  in  the  school- 
house  or  on  the  school-grounds. — S.  B.  xii.  62. 

But  the  teacher  may  not  enforce  such  a  rule  against  the  will 
of  the  trustees.  See  page  138. 

e.  Personal  cleanliness. — Arizona  (46)  provides 
that  pupils  who  go  to  school  without  proper  attention 
to  personal  cleanliness  and  neat  apparel  shall  be  sent 
home  to   make   proper   preparation,    or    shall    be 
required  to  prepare  themselves  at  the  schoolhouse 
before  entering  the  school-room. 

It  adds  that  every  school -room  shall  be  properly  provided  with 
a  wash-basin,  soap,  and  towels.  If  so  there  should  be  an  abund- 
ance of  towels.  There  has  been  wide  complaint  where  children 
have  been  forced  to  use  the  same  towel  with  many  others,  with 
liability  to  contract  contagious  disease. 

Ariz.  (24)  also  gives  power  to  exclude  children  for  filthy  or 
vicious  habits. 

f.  Manner  of  attire. — The  teacher  has  no  right  to 
impose  his  notions  of    attire  upon  pupils.      Their 
clothes  must  be  whole  and  neat,  but  they  need  not 
follow  any  prescribed  fashion. 

Sup't  Weaver  of  New  York  decided  April  6,  1874,  that  a 
child  could  not  be  expelie  I  for  wearing  the  hair  in  a  way  forbid- 
den by  the  teacher  but  approved  by  the  mother. 

g.  Left-handed  children  may  be  urged  to  use  the 
right  hand,  but  should  seldom  be  compelled  to  do  so. 


148  RULES    AND    REGULATIONS 

As  to  the  right  of  the  teacher  to  require  left-handed  children 
to  write  with  their  right  hand,  the  Department  will  not  lay  down 
any  general  rule  upon  the  subject.  If  a  left-handed  child  can  be 
taught  to  use  the  right  hand  in  writing,  it  should  be  done  ;  but 
when  a  child  has  always  used  his  left  hand,  and  has  come  to  be 
12  or  14  years  of  age,  it  seems  very  doubtful  whether  it  is  prac- 
ticable to  change  the  habit,  and  therefore  doubtful  whether  the 
teacher  should  insist  upon  it  (D.  4048). 

h.  Outside  the  school  and  the  school-grounds,  the 
rules  of  the  school  may  not  extend.  See  page  172. 

It  has  been  held,  however,  that  ptipils  may  be  required  to 
attend  and  take  part  in  exercises  outside  the  school-building  ;  for 
instance,  in  graduating  exercises  at  the  city  hall.  See  page  152. 


CHAPTER   VI 

ABSENCE   AND   TARDINESS 

Trustees  have  authority  to  make  and  to  enforce 
rules  as  to  rgularity  of  attendance1.  See  pages  38- 
43.  Ks.  (41). 

The  parent  has  no  right  to  interfere  with  the  order  of  the 
school  or  the  progress  of  other  pupils  by  sending  his  own  child 
at  times  and  in  condition  or  under  restrictions  that  will  prove  an 
annoyance  and  hindrance  to  others2. 

These  rules  may  require  punishment  for 

a.  Tardiness. 

6.  Absence. 

c.  Failure  to  bring  excuse. 

a.  Tardiness  is  among  the  most  serious  obstacles 
to  successful  discipline  and  instruction,  and  may  be 
rigorously  suppressed.  See  page  38. 

Tardiness,  that  is,  arriving  late,  is  a  direct  injury  to  the  whole 
school.  The  confusion  of  hurrying  to  seats,  gathering  together 
books,  etc.,  by  tardy  ones,  at  a  time  when  all  should  be  at  study, 
cannot  fail  to  greatly  impede  the  progress  of  those  who  are  reg- 
ular and  prompt  in  attendance.  The  rule  requiring  prompt  and 
regular  attendance  is  demanded  for  the  good  of  the  whole  school*. 

In  Oregon  (73)  tardiness  for  more  than  an  hour  counts  as  a 
half-day's  absence  in  reckoning  the  absence  for  which  a  pupil 
may  be  suspended. 

Tardy  pupils  should  not  be  kept  outside.     See  page  38. 

i  172.          a  108.          *  108.    See  91  a. 
(149) 


150  ABSENCE    AND    TARDINESS 

One  of  the  pupils  in  one  of  the  public  schools  of  Shelby  ville, 
Ind.,  came  to  the  school -room  door  on  an  extremely  cold  morning 
m  Jan.,  1885,  and  found  it  locked.  She  therefore  returned  to  her 
home  through  the  cold  and  snow,  and  as  a  result  both  feet  were 
frozen  and  permanently  injured.  Judge  Niblack  said  that  tardi- 
ness is  a  recognized  offence  against  the  good  order  and  proper 
management  of  all  schools,  and  that  a  tardy  pupil  ought  not, 
therefore,  to  complain  of  some  inconvenience  or  annoyance  of 
having  to  remain  in  some  other  part  of  the  building  for  the  short 
period  of  time  required  to  complete  the  morning  exercises  ;  but 
he  said  that  in  enforcing  such  a  rule,  due  regard  must  be  had  to 
the  health,  comfort,  age,  and  mental  as  well  as  physical  condition 
of  the  pupils,  and  to  the  circumstances  attending  each  particular 
emergency. 

He  went  further,  and  said  that  teachers  should  relax  somewhat 
from  the  strict  enforcement  of  rules  in  cases  of  physical  or  mental 
infirmity,  and  that  no  rule,  however  reasonable  it  might  be  in  its 
general  application,  should  be  enforced  when  that  would  inflict 
actual  or  unnecessary  suffering.  He  said  that  the  habit  of  lock- 
ing the  door  during  the  morning  exercises  was  not  unreasonable 
under  ordinary  circumstances,  but  that  when  done  on  an  extremely 
cold  morning,  special  care  and  attention  should  be  given  to  such 
pupils  as  might  be  obliged  to  wait  in  some  other  part  of  the 
building1. 

to.  Absence  is  also  a  direct  interference  with  both 
the  discipline  and  the  progress  of  the  school,  and 
reasonable  regulations  against  it  may  be  enforced. 
See  pages  41,  42.  la.  (38). 

In  Missouri,  suspension  for  6  half  days'  absence 
in  4  consecutive  weeks  has  been  upheld2  ,  and  in 
Iowa  for  6  half  days'  absence  and  2  instances  of 
tardiness  in  the  same  time.  In  this  last  case3, 
Judge  Beck  said  : 

1  80,     See  also  46,  49,  120,  154,  170,  179,  185,  199,  258,  340,  411,  430  a,  432, 440. 
*  383.    See  also  65,  202,  420.          3  108. 


PUNISHMENT    FOR    TARDINESS  151 

It  requires  but  little  experience  in  the  instruction  of  children 
and  youth  to  convince  any  one  that  the  only  means  which  will 
assure  progress  in  their  studies  is  to  secure  their  attendance,  the 
application  of  the  powers  of  their  mind  to  the  studies  in  which 
they  are  instructed.  Unless  the  pupil's  mind  is  open  to  receive 
instruction,  vain  will  be  the  effort  of  the  teacher  to  lead  him 
forward  in  learning.  This  application  of  the  mind  in  children  is 
secured  by  interesting  them  in  their  studies.  But  this  cznnot  be 
done  if  tliey  are  at  school  one  day  and  at  home  the  next ;  if  a  reci- 
tation is  omitted  or  a  lesson  left  unlearned  at  the  whim  or  conveni- 
ence of  parents.  In  order  to  interest  a  child  he  must  be  able  to 
understand  the  subject  in  which  he  is  instructed.  If  he  has 
failed  to  prepare  previous  lessons  he  will  not  understand  the  one 
which  the  teacher  explains  to  him.  If  he  is  required  to  do  double 
duty,  and  prepare  a  previous  lesson,  omitted  in  order  to  make  a 
visit  or  do  an  errand  at  home,  with  the  lesson  of  the  day,  he  will 
fail  to  master  them  and  become  discouraged.  The  inevitable 
consequence  is  that  his  interest  flags  and  he  is  unable  to  apply 
the  powers  of  his  mind  to  the  studies  before  him.  The  rule 
requiring  constant  and  prompt  attendance  is  for  the  good  of  the 
pupil  and  to  secure  the  very  objects  the  lav/  had  in  view  in 
establishing  public  schools.  It  is  therefore  reasonable  and  proper. 

In  another  view  it  is  required  by  the  best  interests  of  all  the 
pupils  of  the  school.  Irregular  attendance  of  the  pupils  not 
only  retards  their  own  progress,  but  interferes  with  the  progress 
of  those  pupils  who  may  be  regular  and  prompt.  The  whole 
class  may  be  annoyed  and  hindered  by  the  imperfect  recitations 
of  one  who  has  failed  to  prepare  his  lessons  on  account  of 
absence.  The  class  must  endure  and  suffer  the  blunders,  prompt- 
ings and  reproofs  of  the  irregular  pupils,  all  resulting  from  failure 
to  prepare  lessons  which  should  have  been  studied  when  the 
child's  time  was  occupied  by  direction  of  the  parent  in  work  or 
visiting. — 8.  B.  vii.  10. 

In  Ore.  (73)  whenever  the  unexcused  absences  amount  in  one 
term  to  7  days,  the  teacher  may  suspend  him. 

This  view  of  the  authority  of  the  trustees  has  been 
extended  to  the  following  special  cases  : 


152  ABSENCE    AND   TABDINE8* 

(1)  EXERCISES  OUTSIDE  OF  THE  SCHOOL-BUILDING. — In  1874, 
two  girls  in  the  Dover  (N.  H.)  high  school  refused  to  attend 
examination  and  graduation  in  the  city  hall  on  the  ground  that 
it  was  too  public.     The  principal  suspended  them.     The  parents 
applied  to  Judge  Doe  for  an  injunction  against  the  suspension, 
and  the  case  was  referred  to  the  full  bench  at  Concord.     The 
application  was  denied,  on  the  ground  that  the  subject-matter  was 
within  the  jurisdiction  and  discretion  of  the  school  authorities. 

(2)  CATHOLIC  HOLIDAYS. — In  1874,  certain  Catholic  children  of 
Brattleboro  were  expelled  from  the  schools  for  attending  mass  on 
the    holy  day  of  Corpus  Christi,  though  their  pastor,  Father 
Lane,  had  asked  permission  from  the  committee  for  their  non-at- 
tendance at  school  that  morning.    Judge  Barrett,  of  the  Supreme 
Court,  decided  that  the  committee  were  legally  justified  in  acting 
as  they  did  ;  and  went  on  to  show  that  school  committees  are 
supreme  in  their  rights  over  parents  ;  that  a  citizen  has  no  more 
right  to  disregard  the  rules  made  by  a  school  committe  than  he 
has  to  defy  the  law  by  which  the  committee  was  empowered.    He 
said  that  if  parents  be  allowed  to  set  their  wishes  against  the 
rules  of  the  trustees,  then  practically  the  ground  of  system,  order, 
and  improvement  has  no  existence,  and  it  makes  no  difference  so 
far  as  its  effect  on  the  school  is  concerned  whether  the  detention 
involves  conscience,  will,  whim,  or  the  pocket1. 

(3)  THE  JEWISH  SABBATH. — In  1875,  a  Jewish  girl  was  expelled 
from  the  Sherwin  school,  Boston,  for  not  attending  the  Saturday 
sessions.    What  followed  is  told  thus  : 

The  father  sent  a  petition  to  the  board.  That  petition  was  referred  to 
the  Sherwin  committee.  They  heard  the  father's  statement.  He  explained 
why  he  had  kept  the  child  from  the  school,  and  the  position  of  the  Israelites 
in  respect  to  Saturday,  their  Sabbath.  He  asked  that  he  might  be  permitted 
to  send  his  child  to  school  five  days  in  the  week,  keeping  her  from  school 
every  Saturday.  It  was  explained  to  him  why  the  committee  could  not  offi- 
cially make  such  an  exceptional  arrangement.  They  respected,  however, 
the  father's  scruples  in  regard  to  work  on  the  Sabbath,  and  agreed  that  the 
child  might  be  excused  on  Saturdays  from  what  he  regarded  as  "  manual 
labor"— writing,  ciphering,  and  the  like.  The  father  seemed  satisfied  with 

i  430. 


EXCUSES    MAY    BE    REQUIRED  153 

the  action  of  the  committee ;  and  his  child  has  ever  since  been  a  regular 
attendant  upon  the  school.    See  page  45. 

A  CAUTION. — It  is  therefore  safe  to  consider  this  the  prevail- 
ing law,  at  least  in  the  eastern  States.  But  we  believe  it  is  some- 
times carried  so  far  as  to  work  our  school  system  serious  injury. 

In  this  last  case  we  have  intolerance  enforcing  hypocrisy. 
The  child's  religion  either  does  forbid  her  to  work  on  the  Sabbath, 
or  it  does  not.  If  it  does  not,  there  is  no  reason  why  she  should 
not  "write,  cipher,  and  the  like  ",  as  well  as  the  rest.  If  it  does, 
then  she  should  not  attend  school  at  all.  Her  presence,  under 
these  conditions,  teaches  every  Christian  pupil  in  school  that 
one's  lesson  may  be  studied  or  any  mental  labor  done  on  Sunday 
which  does  not  involve  "  writing,  ciphering,  and  the  like". 

c.  Excuses  from  parents  or  guardian  may  be 
exacted  in  case  of  absence  or  tardiness1.  See  page 
41. 

In  Indiana  a  teacher  may  chastise  a  pupil  for  refusing  to  give 
an  excuse  for  absence  without  leave2. 

Teachers  are  authorized  to  require  excuses  from  the  parents 
or  guardians  of  pupils,  either  in  person  or  by  written  note,  in  all 
cases  of  absence  or  tardiness  or  dismissal  before  the  close  of  the 
school,  and  no  excuse  shall  be  deemed  valid  except  that  of  sick- 
ness or  necessary  employment.  The  teacher  shall  be  the  judge 
of  the  sufficiency  of  excuses,  subject  to  an  appeal  to  the  directors; 
provided,  that  boards  of  directors  may,  by  formal  adoption,  change 
the  character  of  the  excuses  which  shall  be  deemed  valid.  Ore. 
(73). 

Teachers  shall  require  excuses  from  the  parents  or  guardians 
of  pupils,  either  in  person  or  by  written  note,  in  all  cases  of 
absence  or  tardiness,  or  of  dismissal  before  the  close  of  school. 
Sickness  of  the  pupils,  or  in  the  family,  or  some  urgent  cause 
rendering  attendance  and  punctuality  impossible,  or  extremely 
inconvenient,  shall  be  regarded  as  the  only  legitimate  excuse  for 
absence  or  tardiness.  Ariz.  (45). 

i  401.          2  80. 


154  ABSENCE    AND   TARDINESS 

Among  the  rules  established  by  the  board  in  a  certain  district 
was  this : 

All  pupils  will  be  required  to  bring  written  excuses  from  their  parents  to 
teachers  for  absence,  and  such  excuses  must  be  satisfactory  and  reasonable, 
otherwise  they  will  not  be  granted. 

The  court  commented  upon  the  rule  as  follows  : 

The  rule  in  question  is  not  a  hard  or  harsh  one.  It  does  not  of  itself 
indicate  any  sinister  or  malevolent  purpose,  or  wicked  force,  on  the  part  of 
the  directors.  It  does  not  trench  upon  the  rights  or  dignity  of  any  one.  We 
instantly  and  properly  repel  any  encroachment  upon  our  rights  as  citizens. 
We  have  a  proper  pride  and  ambition  in  maintaining  these  rights  under  any 
and  all  circumstances.  But  I  am  utterly  unable  to  understand  how  this 
simple  rule  or  regulation,  requiring  the  pupil  in  certain  cases  to  bring  a 
written  excuse  from  its  parents  to  the  teacher,  is  an  attack  upon,  or  an 
abridgment  of,  our  inalienable  rights  as  citizens  of  this  free  country  1. 


CHAPTER  VII 

CONTROL   OF    THE    CHILD'S    STUDIES 

Power  of  the  trustees. — That  the  trustees  have 
power  (a)  to  establish  the  course  of  study  :  that  is 
to  select  the  branches  to  be  taught  in  school ;  and 
(6)  to  grade  or  classify  the  pupils,  is  undisputed. 
Whether  they  have  (c)  the  power  to  compel  every 
child  in  school  to  follow  the  course  of  study  has 
been  a  subject  of  violent  controversy. 

a.  The  course  of  study  is  to  be  prescribed  by  the 
trustees1  (vii.  47.11;  viii.  15.3;  D.  1682).  See  page  43. 

In  Me.  Judge  Appleton  said  that  if  the  legislative  code  within 
constitutional  limitations  should  prescribe  a  course  of  study 
however  unwise,  or  books  however  immoral,  he  was  not  aware 
of  any  power  on  the  part  of  the  court  to  interfere2. 

In  Nev.  (appendix,  1895,  3)  the  State  board  prescribes  the 
course  of  study. 

In  N.  D.  (43)  this  power  is  subject  to  the  approval  of  the 
county  superintendent.  In  S.  D.  (33)  teachers  must  follow  the 
course  of  study  recommended  by  a  majority  of  the  county  super- 
intendents of  the  State,  and  the  superintendent  of  public  instruc- 
tion. 

High  schools  may  be  supported  by  taxation3.  Algebra  may  be 
included4,  and  rhetoric5,  and  composition6  (D.  1687,  1874,  Ore. 
[73]),  and  declamation7  (Minn.  [73]  ;  Ore.  [73]),  and  German*. 

1  89,  108,  151,  179,  185,  258,  310  a,  411,  420.  154. 

3  167,  169, 187,  193,  203.        *  112,  114.  s  340.  a  411. 

7  258,  432.  *  55.  234,  444, 

(155) 


156  CONTROL    OF    THE    CHILD'S    STUDIES 

In  Me.  (12,  13)  ancient  and  modern  languages  and  music  cannot  be 
taught  in  the  high  schools  except  by  direction  of  the  superintending  school 
committees.  See  other  restrictions  on  the  following  page. 

(1)  TEXT -BOOKS   are  also  to  be  adopted  by  the  trustees  (xv. 
9,  10),  and  these  and  these  only  are  to  be  used  by  the  pupil1. 

In  New  York  district  schools,  the  district  adopts  the  text-books.  See 
pages  23,  44,  55. 

In  Ga.  (18)  the  teacher  may  not  receive  pay  if  he  permits  the  pupil  to 
use  other  than  the  prescribed  text-books. 

(2)  REQUIREMENTS. — In  New  York,  as  in  nearly  all  States, 
one  requirement  is  that  physiology,  so  far  as  it  pertains  to  the 
hygienic  effects  of  stimulants  and  narcotics,  shall  be  taught  in  every 
school  receiving  public  money2. — S.  B.  xv.  86  ;  xxi.  210.     Draw- 
ing must  be  taught  in  union  schools  (xx.  22).     For  course  of  study 
required  in  high  schools,  see  page  60. 

N.  D.  (47)  requires  that  all  reports,  records,  and  proceedings 
shall  be  kept  in  the  English  language,  and  that  no  public  money 
shall  be  expended  in  supporting  a  school  in  which  the  English 
language  is  not  taught  exclusively. 

Ore.  (73)  requires  stated  exercises  in  composition  and  decla- 
mation. 

Ariz.  (46)  requires  in  all  primary  schools  vocal  and  breathing 
exercises  of  3  to  5  minutes  each  at  least  twice  a  day. 

Cal.  (24)  requires  that  attention  must  be  given  to  physical 
exercises,  and  to  the  ventilation  and  temperature  of  school-rooms. 

Ore.  (71)  requires  the  teacher  to  attend  to  the  temperature 
of  the  school -room,  to  see  that  the  doors  and  windows  are  open  at 
each  intermission,  to  see  that  his  pupils  take  exercise,  and  to 
encourage  healthful  play  at  recess,  prohibiting  all  dangerous  and 
immoral  games. 

Wash.  (3)  requires  attention  during  the  entire  course  to  the 
cultivation  of  manners,  the  laws  of  health,  physical  exercise, 
ventilation  and  temperature,  and  not  less  than  10  minutes  each 
week  to  systematic  te<c,hiiig  of  kindness  to  animals.  Me.  (23) 
makes  this  last  requirement. 

1  54, 154,  179,  258,  340,  411.    But  see  46,  49, 114,  432.  8  171. 


STATUTE  REQUIREMENTS  AND  RESTRICTIONS      157 

Ariz.  (27)  and  Cal.  (27)  make  it  the  duty  of  all  teachers  to 
impress  upon  the  minds  of  the  pupils  the  principles  of  morality, 
truth,  justice,  and  patriotism  ;  to  teach  them  to  avoid  idleness, 
profanity,  and  falsehood  ;  to  instruct  them  in  the  principles  of  a 
free  government ;  and  to  train  them  up  to  a  true  comprehension 
of  the  rights,  duties  and  dignity  of  American  citizenship. 

New  York  requires  the  authorities  of  every  public  school  in 
this  State  to  assemble  the  scholars  in  their  charge  on  Arbor  day, 
and  to  provide  such  exercises  as  shall  tend  to  encourage  the 
planting,  protection  and  preservation  of  trees  and  shrubs,  and  an 
acquaintance  with  the  best  methods  to  be  adopted  to  accomplish 
such  results  (xv.  44). 

(3)  PERMISSIONS. — New  York  expressly  permits  the  establish- 
ment of  kindergartens  (xv.  22),  Ariz.  (51),  Utah  (38).     It  also 
authorizes  departments  for  manual  or  industrial  training  (xv.  25) ; 
and  the  teaching  of  drawing  and  of  vocal  music1  (xv.  22,  23). 

If  the  teacher  adds  to  his  other  qualifications  a  knowledge  of  the  art 
of  singing,  it  will  be  an  additional  recommendation  of  him  with  those  who 
desire  to  have  a  good  school.  Singing  in  school  serves  as  a  recreation  and 
an  amusement,  especially  for  the  smaller  scholars.  It  exercises  and 
strengthens  their  voices  and  lungs,  and,  by  its  influence  on  the  disposition 
and  morals,  enables  a  teacher  to  govern  his  school  with  comparative  ease. 
R.  I.  (311). 

In  Ariz.  (53)  a  principal  may  enrol  pupils  of  eleven  years  old  or 
more  as  members  of  the  "American  Guard",  under  such  con- 
ditions as  he  may  prescribe. 

(4)  RESTRICTIONS. — N.  C.  (21)  forbids  the  teaching  in  public 
schools  of  other  subjects  than  (1)  spelling,  (2)  defining,  (3)  read- 
ing, (4)  writing,  (5)  arithmetic,  (6)  English  grammar,  (7)  elemen- 
tary physiology  and  hygiene,  (8)  State  and  American  history ; 
but  provides  that  the  school  committee  may  make  special  arrange- 
ments to  allow  other  subjects  to  be  taught 

In  Mass.  (Chap.  151, 1894)  vivisection  is  forbidden,  and  dissec- 
tion of  dead  animals  restricted  to  the  class-room  and  the  pres- 
ence of  the  pupils  engaged  in  the  study  illustrated.  New  York 
has  a  similar  law,  and  the  Anti-Vivisection  Society  of  Boston 

J  310  a, 


158  CONTROL   OF   THE    CHILD'S   STUDIES 

offers  $100  reward  for  the  conviction  of  any  public-school  teacher 
who  has  at  any  time  practised  vivisection  in  a  New  York  school. 

b.  Grading   of   pupils,   that  is,    directing    how 
advanced  classes  pupils  shall  enter,  is  in  the  hands  of 
the  teacher,  subject  to  such  rules  and  course  of  study 
as  may  have  been  established  by  the  trustees.     In 
schools  where  there  is  a  principal  or  a  superintend- 
ent, this  responsibility  is  confided  to  him.     N.  D. 
(63).     See  page  142. 

There  is  also  appeal  to  the  trustees  from  the  action  of  the 
teacher.  In  N.  D.  (63)  the  appeal  is  to  the  county  superintendent. 

Teachers  shall  have  the  right,  and  it  shall  be  their  duty,  within 
reasonable  limits,  to  direct  and  control  the  studies  of  their  pupils  ; 
to  arrange  them  in  proper  classes,  and  to  decide,  subject  to  these 
rules,  what  and  how  many  studies  each  shall  pursue.  Ore.  (71). 

All  pupils  who  have  fallen  behind  their  grade  by  absence  or 
irregularity  of  attendance,  by  indolence  or  inattention,  shall  be 
placed  in  the  grade  below  at  the  discretion  of  the  teacher. 
Ariz.  (47). 

c.  Compelling  pupils   to  follow  the   course  of 
study  was  formerly  considered  an  unquestioned  pre- 
rogative of  the  teacher1. 

One  Iowa  decision  held  that  the  father  has  the  right  to  the 
care  and  custody  of  his  minor  children,  and  to  superintend  their 
education  and  nurture,  is  a  proposition  that  does  not  admit  of 
reasonable  doubt2.  Another  held  that  if  it  is  necessary  for  the 
good  of  the  school  that  the  pupil  should  study  certain  subjects 
that  the  parent  objects  to  his  pursuing,  the  teacher  may  not 
enforce  the  study  by  beating  the  pupil,  but  may  expel  or  suspend. 

COMPOSITION  AND  DECLAMATION. — Thus  composition  might 
be  required  of  all3  (D.  1687),  and  a  girl  might  be  expelled  for 

111,114,150,154,184,185.199,226,258,411.  *  100,114.  3  4H. 


THE   WISCONSIN    DECISION  159 

refusing  to  declaim1,  even  though  her  father  had  conscientious 
scruples  against  females'  speaking  in  public  (D.  1874).     Minn.  (73). 

In  November,  1871,  Superintendent  Clark,  of  Defiance,  Ohio, 
suspended  the  son  of  J.  J.  Sewell,  for  persistent  failure  to  have 
at  the  proper  time  his  rhetorical  exercises.  The  father  brought 
suit  for  $1,000  damages.  On  appeal  to  the  Supreme  Court,  under 
§  54  of  the  act  of  May  1,  1873,  the  decision  of  the  lower  court 
was  affirmed  that  there  was  no  cause  of  action,  and  the  defend- 
ant was  allowed  the  costs  of  prosecution2.  For  similar  case  in 
Stillwater,  Minn.,  see  8.  B.  vi.  97. 

In  a  New  Hampshire  case,  the  court  held  : 

However  judicious  it  may  be  to  consult  the  wishes  of  parents,  the  disin- 
tegrating principle  of  parental  authority  to  prevent  all  classification  and 
destroy  all  system  in  any  school,  public  or  private,  is  unknown  to  the  law  a . 

TEXT -BOOKS. — In  most  States  pupils  may  be  refused  admis- 
sion whose  parents  fail  to  provide  them  with  the  proper  text- 
books for  their  classses4.  Va.  (97).  See  page  156. 

All  States  make  provision  for  supplying  text-books  to  children  whose 
parents  are  unable  to  purchase  them  ».  Ariz.  (45),  Ore.  (74). 

Ariz.  (J5)  and  Ore.  (74)  forbid  the  child  to  be  excluded  till  his  parents 
have  had  one  week's  notice. 

In  1881,  Sup't  Gilmour  of  New  York  decided  that  a  pupil 
could  not  be  suspended  for  failing  to  procure  a  certain  kind  of 
lead-pencil  for  drawing  (8.  B.  viii.  135).  In  1879,  the  Ohio  court 
of  common  pleas  in  the  case  of  Wm.  A.  Tucker  vs.  Pomeroy 
board  of  education,  held  that  a  pupil  could  not  be  suspended  for 
refusing  to  purchase  a  drawing-tablet,  as  the  parent  had  the 
right  to  select  which  studies  his  child  should  take,  and  to  direct 
her  to  omit  drawing. — S.  B.  vi.  97. 

A  WISCONSIN  DECISION  called  attention  to  the  fact  that  the 
modem  tendency  of  opinion  is  toward  holding  that  the  school  is 
for  the  child,  not  the  child  for  the  school. 

Upon  Dec.  18,  1872,  Annie  Morrow,  a  qualified  teacher  under 
a  contract  with  the  district  school  board,  commenced  teaching  a 
district  school  in  Grant  county.  James  Wood,  an  inhabitant  of 

1  258,  432,  2  340,  3  258,  *  60,  91.  5  21Q. 


160  CONTROL    OF    THE    CHILD'S    STUDIES 

the  district,  sent  his  son,  a  boy  about  12  years  of  age,  to  the 
school.  The  defendant  wished  his  boy  to  study  orthography, 
reading,  writing,  and  also  wished  him  to  give  particular  atten- 
tion to  the  subject  of  arithmetic,  for  very  satisfactory  reasons 
which  he  gave  on  trial.  In  addition  to  these  studies  the  plaintiff 
at  once  required  the  child  to  also  study  geography,  and  took 
pains  to  aid  him  in  getting  a  book  for  the  purpose.  The  father 
on  being  informed  of  this,  told  the  boy  not  to  study  geography, 
but  to  attend  to  his  other  studies,  and  the  teacher  was  properly 
and  fully  advised  of  this  wish  of  the  parent,  and  also  knew  that 
the  boy  had  been  forbidden  by  his  parent  from  taking  that  study 
at  that  time.  But  claiming  and  insisting  that  she  had  the  right 
to  direct  and  control  the  boy  in  respect  to  his  studies,  even  as 
against  his  father's  wishes,  she  commanded  him  to  take  his  geog- 
raphy and  get  his  lesson.  And  when  the  boy  refused  to  obey  her 
and  did  as  he  was  directed  by  his  father,  she  resorted  to  force  to 
compel  obedience.  All  this  occurred  in  the  first  wreek  of  school. 
*  *  *  *  Under  the  circumstances,  the  plaintiff  had  no  right 
to  punish  the  boy  for  obedience  to  the  commands  of  his  father  in 
respect  to  the  study  of  geography.  She  entirely  exceeded  any 
authority  which  the  law  gave  her,  and  the  assault  upon  the  child 
was  unjustifiable1. 

It  should  be  noted  here  that  the  study  was  not  one  which  the  board  had 
prescribed,  but  was  insisted  upon  by  the  teacher  individually. 

The  following  contemporary  expressions  of  opinion  by  leading 
educators  are  of  interest. 

These  expressions  are  mostly  in  letters  written  to  the  author  of  this  vol- 
ume, which  may  be  found  in  full  in  S.  B.  i.  88,  89. 

Assistant  Superintendent  J.  B.  Pradt,  of  Wisconsin,  said  : 

I  should  have  held  with  the  Circuit  Court,  that  the  teacher,  not  as  an 
individual,  but  as  the  representative  of  the  school  authorities,  is  justified  in 
requiring  the  pupil  to  attend  to  the  usual  studies  of  his  class,  and  that  if 
exemption  is  granted  in  any  special  case,  it  should  be,  not  at  the  demand  of 
the  parent  as  a  right,  but  with  the  consent  of  the  board.  *  *  *  But  if 
the  teacher,  who  very  likely  was  young  and  inexperienced,  had  been  thought- 
ful enough  to  refer  the  matter  to  the  board,  and  the  board  had  sustained  the 
position  that  all  pupils  must  take  all  the  studies  of  the  class  unless  exempted 

i  432.    See  also  46. 


AN   ILLINOIS   DECISION  161 

on  request  of  the  parent,  as  a  favor,  the  question  of  paramount  authority 
would  have  been  raised  in  a  more  satisfactory  way,  and  the  judgment  of  the 
higher  court  would  have  covered  a  broader  ground. 

Superintendent  J.  P.  Wickersham,  of  Pennsylvania,  prefaced 
a  report  of  the  decision  with  this  remark : 

We  are  not  quite  sure  that  the  decision  would  be  considered  good  law  in 
Pennsylvania,  and  yet  it  seems  to  rest  on  ground  of  considerable  strength. 

He  also  quoted  these  conclusions  of  Superintendent  Bateman, 
of  Illinois  : 

(1)  Pupils  can  study  no  branch  which  is  not  in  the  course  prescribed  by 
the  directors  (trustees). 

(2)  Pupils  can  study  no  branch  of  such  prescribed  course  for  which  they 
are  not  prepared,  of  which  preparation  the  teachers  and  directors  shall 
judge. 

(3)  Pupils  shall  study  the  particular  branches  of  the  prescribed  course 
which  the  teachers,  with  consent  of  the  directors,  shall  direct,  unless  honest 
objection  is  made  by  the  parents. 

(4)  If  objection  is  made  in  good  faith,  parents  shall  be  allowed  to  select 
from  the  particular  branches  of  the  prescribed  course  for  which  their  chil- 
dren are  fitted  those  which  they  wish  them  to  study  ;  and  for  the  exercise  of 
such  right  of  choice  the  children  shall  not  be  liable  to  suspension  or 
expulsion. 

This  fourth  decision  was  pronounced  sound  by  Superintend- 
ents Conant,  of  Vermont;  Briggs,  of  Michigan;  Etter,  of  Illinois; 
and  Burt,  of  Minnesota.  It  was  considered  unsound  by  Superin- 
tendents Kiddle,  of  New  York  city  ;  Philbrick,  of  Boston ;  Harris, 
of  St.  Louis;  Stockwell,  of  Rhode  Island;  Newell,  of  Maryland; 
Smart  (C.  S.),  of  Ohio;  Smart  (J.  S.),  of  Indiana;  Henderson,  of 
Kentucky ;  and  Trousdale,  of  Tennessee.  Superintendents  Apgar, 
of  New  Jersey,  and  Abernethy,  of  Iowa,  stated  that  in  these 
States  the  law  explicitly  conferred  all  right  in  this  matter  upon 
boards  of  education. 

Five  years  later,  Sup't  Wickersham  said  . 

The  Supreme  Court  of  Pennsylvania  has  never  had  this  question  before 
it,  but  it  is  well  known  that  the  Superintendent  of  Public  Instruction  holds  that 
under  our  laws  school  directors  have  the  right  to  determine  the  branches  taught 
in  our  public  schools,  and  the  studies  each  pupil  shall  pursue,  subject  of  course 
to  reasonable  limitations.— »S.  B.  vi.  07. 

AN  ILLINOIS  DECISION. — A  boy  had  omitted,  on  account  of 
ill-health,  the  study  of  English  grammar.  On  application  he 


162  CONTROL    OF    THE    CHILD'S    STUDIES 

was  admitted  to  a  high  school.  The  teachers  of  the  school  dis- 
covered that  he  was  deficient  in  this  study,  and  they  required 
him  to  pass  an  examination  for  it.  Not  complying  he  was 
expelled.  A  mandamus  was  issued  to  compel  the  trustees  to 
admit  him  again.  The  trustees  took  an  appeal,  and  the  Supreme 
Court  affirmed  the  decision  of  the  lower  court,  speaking  as 
follows  : 

"No  parent  has  the  right  to  demand  that  the  interests  of  the 
children  of  others  shall  be  sacrificed  for  the  interests  of  his  child  ; 
and  he  cannot,  consequently,  insist  that  his  child  shall  be  placed  or 
kept  in  particular  classes,  when  by  so  doing  others  will  be  retarded 
in  the  advancement  they  would  otherwise  make  ;  or  that  his 
child  shall  be  taught  studies  not  in  the  prescribed  course  of  the  school, 
or  be  allowed  to  use  a  text-book  different  from  that  decided  to  be 
used  in  the  school ;  or  that  he  shall  be  allowed  to  adopt  methods 
of  study  that  interfere  with  others  in  their  study  *  *  *  The 
policy  of  our  laws  has  ever  been  to  recognize  the  right  of  the  parent 
to  determine  to  -what  extent  Jiis  child  shall  be  educated  during 
minority,  presuming  that  his  natural  affections  and  superior 
opportunities  of  knowing  the  physical  and  mental  capabilities 
and  future  prospects  of  his  child  will  insure  the  adoption  of  that 
course  which  will  most  effectually  promote  the  child's  welfare. 
The  policy  of  the  school  law  is  only  to  withdraw  from  the  parent 
the  right  to  select  the  branches  to  be  studied  by  the  child  to  the 
extent  that  the  exercise  of  that  right  would  interfere  with  the 
system  of  instruction  prescribed  for  the  school,  and  its  efficiency 
in  imparting  education  to  all  entitled  to  share  in  its  benefits.  No 
particular  branch  of  study  is  compulsory  upon  those  who  attend 
school1  " 

In  the  same  State  a  young  lady  was  expelled  from  a  public 
school  because,  under  the  direction  of  her  parents,  she  refused  to 
study  book-keeping.  She  instituted  an  action  of  trespass  against 
the  directors  and  principal  of  the  school,  and  on  trial  in  the 
court  below  the  jury  found  a  verdict  in  her  favor,  and  assessed 
the  damages  at  $136.  On  appeal  it  was  affirmed  by  the  court : 

"  A  statute  which  enumerates  the  branches  that  teachers  shall 

i  49. 


A    NEW    YORK    DECISION  163 

be  qualified  to  teach,  gives  all  the  children  In  the  State  the  right 
to  be  instructed  in  those  branches.  But  neither  teachers  nor 
directors  have  power  to  compel  pupils  to  study  other  branches, 
nor  to  expel  a  pupil  for  refusing  to  study  them1." 

A  NEW  YORK  DECISION. — Carl  Hallet,  a  pupil  in  the  union 
free  school  at  Riverhead,  refused  to  declaim,  following  in  the 
matter  his  father's  directions.  He  was  expelled  from  school,  and 
action  was  brought  against  the  principal  and  board  of  education 
before  the  Supreme  Court,  April  26,  1877.  In  his  charge  to  the 
jury,  C.  E.  Pratt,  justice,  spoke  as  follows: 

In  my  private  opinion  this  requirement  upon  the  part  of  these  trustees 
and  of  this  teacher  was  a  perfectly  reasonable  one,  and  one  which  they 
should  have  been  permitted  to  enforce.  I  may  say  further,  and  I  think  you 
will  all  agree  with  me,  that  it  is  utterly  useless  to  attempt  to  conduct  a  public 
school  unless  there  is  secured  by  certain  rules  and  regulations  a  thorough 
discipline  ;  and  more  particularly  is  it  necessary  that  it  should  be  understood 
by  those  who  partake  of  the  benefits  of  the  system,  that  the  rules,  whatever 
they  may  be,  are  to  be  impartially  and  invariably  enforced. 

In  thus  stating  my  private  opinion,  however,  I  would  impress  upon  your 
minds  the  fact  that  it  is  immaterial  what  may  be  your  or  my  personal  feel- 
ing upon  any  matter  of  this  kind.  We  are  bound  to  accept  the  law  as  we 
find  it.  If  the  law  is  wrong  it  is  not  for  you  to  rectify  it.  There  is  no  safety 
in  the  administration  of  justice  unless  the  laws  are  strictly  carried  out.  In 
this  case  I  am  confident  there  are  members  upon  this  jury  who,  controlled 
as  they  are  by  feelings  of  regard  for  the  common  school  system,  and  know- 
ing as  they  do  the  necessity  of  upholding  the  hands  of  those  who  have  the 
schools  in  charge,  would  hesitate  for  a  long  time  before  rendering  any  ver- 
dict against  the  defendants,  however  clear  the  law  might  be,  if  any  excuse 
could  be  found  which  would  satisfy  their  consciences  in  thus  withholding  it. 
Hence,  in  order  that  this  question  may  be  determined,  I  propose  to  relieve 
you  from  any  responsiblity  in  deciding  the  main  issues  in  this  case  by  say- 
ing to  you  that  you  must  find  a  verdict  for  the  plaintiff ;  and  the  only  ques- 
tion which  I  propose  to  submit  to  you  is  that  of  damages.  And  while  stating 
to  you,  as  I  have  done,  my  private  opinion  and  feeling  upon  this  subject,  I 
must  at  the  same  time  say,  that  from  reading  the  decisions  of  courts  in  other 
States  upon  laws  the  provisions  of  which  are  similar  to  those  under  which 
this  school  in  question  was  established  and  is  regulated,  I  feel  constrained 
to  say  that  there  must,  upon  the  facts  of  this  case,  be  technically  a  verdict 
for  the  plaintiff. 

In  explanation  it  is  perhaps  proper  that  I  should  state  that  the  rule  of 
law  is  that  this  board  of  trustees  may  designate  a  course  of  study,  within 
the  authority  delegated  to  them  by  statute,  and  that  they  may  also  prescribe 

1  83.    See  122  a,  252,  411. 


164  CONTEOL   OF   THE   CHILD'S   STUDIES 

the  text-books  to  be  used  In  pursuing  this  course  of  study.  And  you  see  the 
necessity  of  this.  It  would  be  utterly  impossible  to  conduct  any  school  if 
every  parent  should  undertake  to  dictate  as  to  the  character  of  the  text- 
book to  be  used  by  the  scholar.  Take  a  school  of  two  or  three  hundred 
scholars  and  as  many  different  kind  of  text-books,  and  you  would  have  about 
as  many  classes  as  students ;  and  hence  the  school  could  not  be  classified  at 
all.  and  the  great  object  in  view,  that  is,  the  public  benefit  which  is  to  be 
obtained  from  the  grouping  together  of  children  and  educating  them  at  the 
public  expense— would  be  utterly  lost.  The  law  has  therefore  provided  that 
these  trustees  shall  have  a  wide  discretion  in  making  rules,  not  only  for  the 
government  and  discipline  of  the  school  while  it  is  in  session,  but  also  that 
they  may  regulate  the  various  classifications  and  gradations,  and  designate 
text-books  that  shall  be  used  in  the  schools. 

But  here  comes  the  question  whether,  in  addition  to  the  course  of  study 
prescribed  by  statute,  the  trustees  shall  be  permitted  to  say  that  a  child 
shall  pursue  a  study  which  the  parent,  who  is  the  guardian  and  has  the  con- 
trol, nurture,  and  education  of  the  child,  desires  that  the  child  shall  not 
pursue.  /  am  constrained  to  hold  the  law  to  be  that  where  there  is  an  irreconcil- 
able difference  of  opinion  between  the  teacfier,  or  the  board  of  trustees,  and  the 
parent,  in  regard  to  a  study  which  is  not  included  among  those  that  the  trustees 
are  empowered  to  prescribe,  the  will  of  the  parent  must  control.  I  think  that  the 
law  has  not  taken  away  the  natural  right  of  the  parent  to  control  the  educa- 
tion of  the  child  in  that  regard  ;  and  the  parent  is  presumed  to  know  the 
capacity,  the  temperament,  and  the  qualifications  of  the  child,  and  his  ability 
to  take  any  particular  study  or  not.  When  the  teacher  or  the  trustees 
undertake  to  say  that  a  child  shall  pursue  a  particular  study  which  is  not 
included  in  the  statutory  list  of  studies  I  think  they  exceed  their  authority. 
And  when  that  is  made  the  basis  of  an  attempt  to  deprive  the  child  of  its 
right  to  attend  school,  and  enjoy  the  benefits  which  arise  from  the  laying  of 
a  common  burden  upon  the  community,  I  hold  that  they  are  liable,  techni- 
cally liable,  for  the  act.  Of  course  the  parent  cannot  dictate  that  the  child 
shall  take  a  study  which  is  not  included  in  the  regular,  prescribed  list.  This 
duty,  this  obligation,  is  reciprocal.  The  parent  cannot  say  that  the  child  shall 
study  any  branch  not  prescribed,  nor  can  the  school  authorities  insist  that  the 
child  shall  pursue  a  study  not  in  the  prescribed  list,  against  the  will  of  the  parent. 
—See  also  S.  B.  vi.  97. 

Modern  tendency  of  opinion. — It  will  be  observed 
that  this  New  York  decision  applies  only  to  studies 
not  prescribed  in  the  statute.  But  as  it  plainly  fol- 
lows the  rulings  of  the  western  courts,  we  close  with 
a  quotation  from  the  Wisconsin  decision  already 
referred  to : 


MODERN   TENDENCY   OF   OPINION  165 

In  our  opinion,  there  is  a  great  and  fatal  error  in  this  part  of 
the  charge,  in  asserting  or  assuming  the  law  to  be  that  upon  an 
irreconcilable  difference  of  views  between  the  parents  and  teachers 
as  to  what  studies  the  child  shall  pursue,  the  authority  of  the 
teacher  is  paramount  and  controlling.  We  do  not  understand  that 
there  is  any  recognized  principal  of  law,  nor  do  we  think  there  is 
any  recognized  rule  of  moral  or  social  usage,  which  gives  the  teacher 
an  absolute  right  to  prescribe  and  dictate  what  studies  the  child  shall 
pursue,  regardless  of  the  views  or  wishes  of  the  parents.  From  what 
source  does  the  teacher  derive  this  authority  ?  Ordinarily,  it 
will  be  conceded,  the  law  gives  the  parent  the  exclusive  right  to 
govern  and  control  the  conduct  of  his  minor  children  ;  it  is  one 
of  the  earliest  and  most  sacred  duties  taught  the  child  to  know 
and  obey  its  parents.  The  situation  is  truly  lamentable,  if  the 
condition  of  the  law  is  that  he  is  liable  to  be  punished  by  the 
parent  for  disobeying  his  orders  in  regard  to  his  studies,  and  the 
teacher  may  lawfully  chastise  him  for  not  disobeying  his  parents 
in  that  particular  *. 

i  438. 


CHAPTER  VIII 

THE   BIBLE   AND    RELIGIOUS    EXERCISES 

The  law  in  New  York. — In  New  York  the  decisions 
of  the  State  Department  have  uniformly  denied  the 
right  to  insist  upon  religious  exercises  of  any  kind. 
See  page  44. 

In  the  year  1853,  Margaret  Gifford,  a  common -school  teacher 
in  South  Easton,  Washington  county,  ordered  William  Callaghan, 
a  pupil  aged  twelve  years,  "to  study  and  read  the  Protestant 
Testament."  He  declined  to  do  so,  on  the  ground  "that  he  was 
a  Catholic,  and  did  not  believe  in  any  but  the  Catholic  Bible." 
The  teacher  consulted  the  trustees  on  the  subject,  and  on  the  next 
day  again  required  the  boy  to  read  out  of  the  King  James  Bible. 
The  boy  declared  "his  unwillingness  to  disobey  the  orders  of  his 
parents  and  violate  the  precepts  of  his  religion",  whereupon  the 
teacher  "chastised  him  severely  with  her  ferule  and  then  expelled 
him  ignominiously  from  the  school." 

An  appeal  was  taken  to  Henry  S.  Randall,  then  Superintendent 
of  Common  Schools,  who  quoted  and  endorsed  the  following 
opinion  of  his  predecessor,  John  C.  Spencer  : 

"Prayers  cannot  form  any  part  of  the  school  exercises,  or  be  reg- 
ulated by  the  school  discipline.  If  had  at  all,  they  should  be  had 
before  the  hour  of  nine  o'clock,  the  usual  hour  for  commencing 
school  in  the  morning,  and  after  five  in  the  afternoon.  If  any 
parents  are  desirous  of  habituating  their  children  to  the  practice 
of  thanking  their  Creator  for  his  protection  during  the  night,  and 
invoking  his  blessings  on  the  labors  of  the  day,  they  have  a  right 
to  place  them  under  the  charge  of  the  teacher  for  that  purpose. 
But  neither  they  nor  the  teacher  have  any  authority  to  compel 

(166) 


UNAUTHORIZED   IN    NEW   YORK  167 

the  children  of  other  parents  wno  object  to  the  practice  from  dis- 
like of  the  individual  or  his  creed,  or  from  any  other  cause,  to 
unite  in  such  prayers.  And,  on  the  other  hand,  the  latter  have 
no  right  to  obstruct  the  former  in  the  discharge  of  what  they 
deem  a  sacred  duty.  Both  parents  have  rights  ;  and  it  is  only 
by  a  mutual  and  reciprocal  regard  by  each  to  the  rights  of  the 
other  that  peace  can  be  maintained  or  a  school  can  flourish.  The 
teacher  may  assemble  in  his  room  before  nine  o'clock  the  children 
of  those  parents  who  desire  him  to  conduct  their  religious  exer- 
cises for  them  ;  and  the  children  of  those  who  object  to  the  prac- 
tice will  be  allowed  to  retire  or  absent  themselves  from  the  room. 
If  they  persist  in  remaining  there,  they  must  conduct  with  the 
decorum  and  propriety  becoming  the  occasion.  If  they  do  not  so 
conduct,  they  may  be  dealt  with  as  intruders." — Orders  and 
Decisions,  viii.  102. 

Superintendent  Randall,  after  stating  that  this  is  the  first 
instance  in  which  an  appeal  in  regard  to  the  reading  of  the  Bible 
has  been  brought  before  the  Department,  then  goes  on  to  discuss 
the  general  question  of  the  connection  of  intellectual  and  religious 
instruction,  and  concludes  as  follows  : 

"I  believe  the  Holy  Scriptures,  and  especially  that  portion  of 
them  known  as  the  New  Testament,  are  proper  to  be  read  in 
schools  by  pupils  who  have  attained  sufficient  literary  and  men- 
tal culture  to  understand  their  import.  I  believe  they  may,  as  a 
matter  of  right,  be  read  as  a  class-book  by  those  whose  parents 
desire  it.  But  lam  clearly  of  the  opinion  that  the  reading  of  no 
•version  of  them  can  be  forced  on  those  whose  consciences  and  religion 
object  to  such  version. 

' '  Assuming  the  facts  stated  in  the  complaint  to  be  true,  I  con- 
sider the  conduct  of  the  teacher,  Margaret  Giff ord,  to  be  not  only 
unwarrantable  but  barbarous.  That  she  should  not  only  '  igno- 
miniously  expel 'the  pupil,  but  that  she  should  gratuitously 
inflict  a  preliminary  castigation  on  a  child  of  tender  years,  who 
plead  the  '  commands  of  his  parents  and  the  precepts  of  his 
religion'  against  the  obeyal  of  her  orders,  betrays  feelings  as 
unusual  to  her  sex  as  repugnant  to  the  mild  precepts  of,  that 
Gospel  which,  I  trust,  with  honest  though  certainly  with  mis- 


168  THE  BIBLE  AND  RELIGIOUS  EXERCISES 

taken  zeal,  she  was  attempting  to  uphold.  Perhaps  she  deserves 
a  lesser  measure  of  reprehension  if  she  acted,  as  would  appear, 
though  it  is  not  expressly  stated,  under  direction  of  the  trustees. 
But  neither  the  trustees,  the  majority  of  the  people  of  the  district, 
the  town  superintendent,  nor  all  of  these  united,  would  have 
power  to  authorize  such  an  outrage." — N.  T.  Teacher,  ii.  279-282. 

In  accordance  with  this  decision,  it  has  been  uni- 
formly ruled  that  pupils  cannot  be  compelled  to 
attend  religious  services  (D.  1753,  1763),  and  that 
the  law  gives  no  authority,  as  a  matter  of  right,  to 
use  any  portion  of  the  regular  school  hours  in  con- 
ducting any  religious  exercises  at  which  the  attend- 
ance of  pupils  is  made  compulsory1  (D.  1985).  See 
page  45.  As  to  religious  garb,  see  page  109. 

In  other  States,  usage  varies.  See  Cooley  on  Torts, 
page  289. 

Mass.  (45)  requires  the  daily  reading  in  the  public  schools  of 
some  portion  of  the  Bible. 

In  Mo.  the  trustees  may  compel  the  reading  of  the  Bible2  ;  and 
in  111.  a  boy  may  be  expelled  for  studying  his  lessons  while  the 
Bible  is  being  read*. 

In  Ga.  (17)  the  Bible  may  not  be  excluded. 

In  la.  (57)  and  R.  I.  (351)  neither  the  parents  nor  the  trustees 
may  dictate  to  the  teacher  as  to  whether  he  shall  read  the  Bible. 
It  is  left  to  the  teacher's  own  judgment. 

In  Ark.  (77)  the  matter  is  left  to  the  trustees,  and  the  courts 
may  not  interfere. 

In  N.  D.  (63)  and  S.  D.  (491  the  Bible  may  not  be  deemed  a 
sectarian  book,  or  excluded  from  any  public  school.  It  may  at 
the  option  of  the  teacher  be  read  without  sectarian  comment,  not 
to  exceed  10  minutes  daily. 

l  894.  »  886.  *  54. 


USAGE    IN    OTHER   STATES  169 

In  most  States  that  permit  Bible-reading,  no  pupil  can  be 
compelled,  against  his  parent's  wishes,  to  take  part  in  the  reading 
or  to  be  present  during  the  reading1.  N.  D.  (63). 

But  in  Me.  a  child  expelled  for  refusing  to  read  from  the  Bible 
cannot  recover  damages2. 

Ark.  (36)  forbids  granting  a  certificate  to  a  teacher  who  does 
not  believe  in  a  Supreme  Being,  and  R.  I.  (307)  advises  the  rejec- 
tion of  any  teacher  who  is  in  the  habit  of  ridiculing,  or  scoffing 
at  religion. 

On  the  other  hand,  Wash.  (130)  prohibits  Bible- 
reading  ;  Ariz.  (27)  revokes  the  certificate  of  any 
teacher  who  conducts  religious  exercises  in  school ; 
and  in  1890  the  Supreme  Court  of  Wisconsin  decided 
that  the  reading  of  the  Bible  in  the  public  schools  is 
unconstitutional3. — S.  B.  xvi.  73. 

In  1869,  the  Cincinnati  school  board  was  upheld  in  forbidding 
the  reading  of  the  Bible4,  and  the  same  action  was  taken  in  1875 
by  Chicago5,  and  in  1878  by  Xew  Haven. 

Religious  services  in  the  schoolhouse  may  be  per- 
mitted in  New  York  by  the  trustees,  where  there  is 
no  opposition  in  the  district6,  but  must  be  forbidden 
when  they  would  cause  dissension  (D.  3577,  3651, 
3707,  4021,  4061,  4164,  4419).  See  page  32. 

So  in  Ark.  (51),  K  J.  (21),  Utah  (9),  W.  Va.  (39).  But  in  some 
States  they  are  forbidden7.  R.  I.  (122). 

1  121,  179.     2  154.     s  441.     4  333.     554. 

6  35a,  52a,  73a,  109a,  113a,  398.    »  18a,  127 a,  222 b,  232a,  430 b, 


CHAPTER  IX 

EXTENT    OF    AUTHORITY 

EXCEPT  as  to  the  power  of  compelling  -  the  pupil 
to  attend  school  punctually  upon  all  school-days 
(see  Chapter  VI),  and  to  take  all  the  studies  pur- 
sued by  a  certain  class  (see  Chapter  VII),  the  rela- 
tion of  the  teacher's  authority  to  that  of  the  parents 
may  be  considered  definitely  established. 

Derivation  of  authority. — The  teacher  does  not 
derive  his  authority  from  the  parents.  He  holds  a 
public  office  created  by  the  law.  He  is  legally 
responsible  only  to  the  trustees  who  hire  him. 
Between  the  teacher  and  the  child  the  parent  can 
personally  interfere  only  by  removing  the  child 
from  the  school1. 

The  extent  of  the  teacher's  authority  may  be  con- 
sidered under  the  following  heads  : 

a.  In  the  school-room. 

b.  On  the  playground. 

f.  On  the  road  to  and  from  school. 

d.  At  the  pupil's  home. 

e.  Recess. 

/.  Detention  after  school. 

g.  Punishment  to  be  inflicted  only  in  the  schoolroom. 

a.  In  the  school-room,  absolute. — In  the  school- 

1  154,  295,  340,  411,  436. 

(170) 


IN    THE    SCHOOL-ROOM  171 

room  the  teacher  has  the  exclusive  control  and  super- 
vision of  his  pupils,  subject  only  to  such  regulations 
and  directions  as  may  be  prescribed  or  given  by  the 
trustees. 

The  schoolhouse  is  the  schoolmaster's  castle.  Up- 
on this  point  the  following  forcible  statement  is  fully 
warranted  : 

This  old  maxim  of  English  law1  (5  Rep.  92),  is  as  applicable  to 
the  schoolmaster  as  to  any  other  person  who  is  in  the  lawful  pos- 
session of  a  house.  It  is  true  that  the  school-officers,  as  such, 
have  certain  rights  in  the  schoolhouse  ;  but  the  law  will  not  allow 
even  them  to  interfere  with  the  teacher  while  he  keeps  strictly 
within  the  line  of  his  duty.  Having  been  legally  put  in  possession, 
he  can  hold  it  for  the  purposes  and  the  time  agreed  upon ;  and  no 
parent,  not  even  the  Governor  of  the  State,  nor  the  President  of 
the  United  States,  has  any  right  to  enter  it  and  disturb  him  in  the 
lawful  performance  of  his  duties.  If  persons  do  so  enter,  he 
should  order  them  out ;  and  if  they  do  not  go,  on  being  requested 
to  do  so,  he  may  use  such  force  as  is  necessary  to  eject  them.  And 
if  he  find  that  he  is  unable  to  put  them  out  himself,  he  may  call 
on  others  to  assist  him,  and  if  no  more  force  is  employed  than  is 
actually  necessary  to  remove  the  intruder,  the  law  will  justify  the 
teacher's  act  and  the  acts  of  those  who  assisted  him2.  See  Whar- 
ton's  Am.  Criminal  Law,  1256. 

Trustees  as  individuals  have  no  authority  in  the 
school-room,  as  has  already  been  shown,  page  139. 

However,  a  trustee  at  the  schoolhouse  before  the  opening  of 
school  being  addressed  by  one  of  the  pupils  in  a  profane  and 
insulting  manner  ordered  him  to  leave  the  room,  and  on  his 
refusing  was  justified  in  putting  him  out  by  force3. 

Protection  by  law. — The  teacher's  best  defence 
against  querulous  or  insulting  visits  of  parents  to  the 

i  460.        *  149,  192,  291,  313,  320,  355  a,  457,  458.        s  21,  149,  170,  171.  401. 


172  EXTENT   OF    AUTHORITY 

school-room  was  found  in  that  provision  formerly  a 
part  of  the  New  York  statute,  which  read  thus : 

Any  person  who  shall  wilfully  disturb,  interrupt,  or  disquiet 
any  district  school  *  *  *  shall  forfeit  §25  for  the  benefit  of 
the  school  district. 

It  shall  be  the  duty  of  the  trustees  of  the  district,  or  the  teacher 
of  the  school,  and  he  shall  have  the  power  to  enter  a  complaint 
against  such  offender  before  any  justice  of  the  peace  of  the 
county.  *  *  *  The  magistrate  *  *  *  shall  thereupon 
*  *  *  cause  the  person  to  be  arrested  and  brought  before  him 
for  trial. 

This  provision  was  omitted  from  the  consolidated 
school  law  of  1894,  but  is  practically  covered  by 
§  448  of  the  Penal  Code.  Nearly  every  other  State 
has  a  similar  provision  in  the  school  law. 

Even  when  a  private  school  or  a  singing  school  is  taught  in 
the  district  schoolhouse,  a  person  can  be  punished  for  disturbing 
it1.  The  same  is  true  of  a  singing  school2. 

R.  I.  (357)  reminds  the  teacher  that  while  the  law  holds  him 
responsible  for  his  acts  in  the  school-room,  it  also  protects  him 
while  therein  employed  from  all  external  or  unofficial  interference. 
No  private  person  has  any  right,  in  any  circumstances,  to  enter 
a  school-room  in  school  hours  to  make  any  complaint  or  to  dis- 
turb the  school  in  any  way.  The  statute  law  provides  a  specific 
penalty  for  such  an  offence. 

In  Cal.  (40)  and  Wash.  (42),  any  parent,  guardian,  or  any  other 
person  who  shall  insult  or  abuse  any  teacher  in  the  presence  of 
the  school  shall  be  guilty  of  a  misdemeanor,  and  shall  be  liable  to 
a  fine  of  not  less  than  $10  nor  exceeding  $100.  Ariz.  (36)  makes 
the  limits  §50  and  §100,  with  an  alternative  of  imprisonment  for 
3  months. 

In  Wy.  (4^)  any  person  who  shall  use  insulting  and  abusive 
language  to  and  toward  any  teacher  in  or  about  any  public 
schoolhouse,  or  who  shall  wilfully  disturb  any  public  school  or 
district  meeting,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 

i  152  a.  2  18. 


ON   THE   PLAYGROUND  173 

upon  conviction,  shall  be  fined  in  any  sum  not  less  than  $5,  and 
not  exceeding  $100. 

I).  On  the  playground,  absolute. — The  conduct  of 
the  pupils  upon  any  part  of  the  premises  connected 
with  the  same  schoolhouse  or  in  the  immediate 
vicinity  of  the  same  (the  pupils  being  thus  virtually 
under  the  care  and  oversight  of  the  teacher),  whether 
within  the  regular  school  hours  or  before  or  after 
them,  is  properly  cognizable  by  the  teacher.  And 
any  disturbance  made  by  them  within  this  range, 
injuriously  affecting  in  any  way  the  interests  of  the 
school,  may  clearly  be  the  subject  of  reproof  and  cor- 
rection by  the  teacher. 

A  teacher  has  the  right  to  forbid  the  use  of  tobacco  by  pupils 
on  the  school  grounds. — Sup't  Buggies,  Jan.  81, 1885. — S.  B.  xii.  62. 

c.  On  the  road,  concurrent. — In  regard  to  what 
transpires  by  the  way  in  going  to  and  returning 
from  school,  the  authority  of  the  teacher  is  in 
most  States  except  New  York  (see  page  176)  regarded 
as  concurrent  with  that  of  the  parent1. 

So  far  as  offences  are  concerned  for  which  the  pupils  commit- 
ting them  would  be  answerable  to  the  laws,  such  as  larceny, 
trespasses,  etc.,  which  come  particularly  within  the  category  of 
crimes  against  the  State,  it  is  the  wisest  course  generally  for  the 
teacher  (whatever  be  his  legal  power*),  to  let  the  offender  pass 
into  the  hands  of  judicial  or  parental  authority,  and  thus  avoid 
being  involved  in  controversies  with  parents  and  others,  and 
exposing  himself  to  the  liability  of  being  harrassed  by  prosecu- 
tion at  law. 

1  107,  108,  232,  236,  390,  392,  410* 

*  The  teacher  cannot  punish  a  pupil  for  refusing  to  confess  a  crime  for 
which  he  might  be  punished  at  tew.— Public  School  Acts  of  Rhode  Island,  1857, 
n.  63. 


174  EXTENT    OF    AUTHORITY 

But  as  to  any  misdemeanors  of  which  the  pupils  are  guilty  in 
passing  from  the  schoolhouse  to  their  homes,  which  directly  and 
injuriously  affect  the  good  order  and  government  of  the  school, 
and  the  right  training  of  scholars,  such  as  truancy,  wilful  tardi- 
ness, quarrelling  with  other  children,  the  use  of  indecent  and 
profane  language,  etc.,  there  can  be  no  doubt  that  these  come 
within  the  jurisdiction  of  the  teacher,  and  are  properly  matters 
for  discipline  in  the  school. 

A  famous  decision  of  the  supreme  court  of  Vermont1  illustrates 
and  fully  accords  with  the  foregoing  positions.  The  courts 
decided  that  such  misdemeanors  have  a  direct  and  immediate  ten- 
dency to  injure  the  school  by  subverting  the  teacher's  authority, 
and  begetting  disorder  and  insubordination  among  the  pupils. 
The  same  doctrine  is  substantially  recognized  by  the  supreme 
courts  in  some  other  States.  *  *  *  The  governing  principle 
in  all  cases  like  the  Vermont  case  is,  that  whatever  in  the  miscon- 
duct of  pupils  under  like  circumstances,  as  to  time  and  place,  etc. , 
has  a  direct  tendency  to  injure  the  school  in  its  important  interests, 
is  properly  a  subject  of  discipline  in  the  school. 

It  is  sometimes  objected  to  the  foregoing  views  that  the  re- 
sponsibilities of  teachers  are  in  this  way  enlarged  to  an  improper 
extent ;  that  if  their  authority  extends  beyond  the  schoolhouse 
limits  and  the  school  hours,  their  responsibilities  must  be  increased 
in  a  corresponding  ratio.  But  to  this  it  may  be  answered,  that 
the  matter  is  to  have  a  reasonable  construction  ;  that  it  cannot  be 
expected  that  a  teacher  will  follow  his  pupils  into  the  streets  to 
watch  their  conduct  when  beyond  his  view  and  inspection  ;  the 
extent  of  his  duty  in  this  respect  can  be  only  to  take  cognizance 
of  such  misconduct  of  his  pupils,  under  the  supposed  circum- 
stances, as  may  come  to  his  knowledge  incidentally,  either  through 
his  own  observation  or  other  proper  means  of  information. 

MANY  STATES  recognize  this  principle  in  their  statutes. 
Ariz.  (26),  Cal.  (26),  Id.  (26),  la.  (38),  Mo.  (14),  Mont.  (45),  N.  J. 
(26),  K  C.  (32),  Ohio,  (66),  Ore.  (70;,  Tenn.  (9,  15). 

In  Mass.  (44)  while  the  pupils  are  on  their  way  to  and  from 
school,  the  authority  of  the  teacher  may  be  considered  as  concur- 

MOft 


ON  THE  ROAD  TO  AND  FROM  SCHOOL  175 

rent  with  that  of  the  parent  or  guardian.  If  the  pupils  iu  com- 
ing to  school,  or  in  going  from  it  to  their  homes,  commit  an 
offence  against  the  civil  laws,  it  will  be  well  to  leave  the  offend- 
ers in  the  hands  of  judicial  or  parental  authority.  But  if  the 
children  quarrel  on  their  way,  or  are  wilfully  tardy,  or  use 
indecent  and  profane  language,  or  in  any  way  by  their  conduct 
injure  the  good  order  and  discipline  of  the  school,  the  teacher 
may  take  notice  of  such  conduct  by  subjecting  the  offender  to 
such  wise  and  judicious  treatment  as  will  have  a  tendency  to 
prevent  a  repetition  of  the  offence.  In  such  cases  the  teacher 
should  exercise  great  caution  not  to  use  any  doubtful  authority, 
or  any  questionable  modes  of  correction. 

HORACE  MANN'S  OPINION. — In  the  10th  Mass.  Report  Horace 
Mann  thus  laid  down  the  law  which  may  be  considered  as  still 
prevailing  : 

On  the  one  hand,  there  is  certainly  some  limit  to  the  jurisdiction  of  the 
committee  and  teachers,  out  of  school  hours  and  out  of  the  schoolhouse ; 
and,  on  the  other  hand,  it  is  equally  plain,  if  their  jurisdiction  does  not  com- 
mence until  the  minute  for  opening  school  has  arrived,  nor  until  the  pupil 
has  passed  within  the  door  of  the  school-room,  that  all  the  authority  left  to 
them  in  regard  to  some  of  the  most  sacred  objects  for  which  our  schools 
were  instituted  would  be  of  little  avail.  To  what  purpose  would  the  teacher 
prohibit  profane  or  obscene  language  among  his  scholars  within  the  school- 
room and  during  school  hours,  if  they  could  indulge  in  it  with  impunity  and 
to  any  extent  of  wantonness  as  soon  as  the  hour  for  dismissing  school  should 
arrive  ?  To  what  purpose  would  he  forbid  quarrelling  and  fighting  among 
the  scholars,  at  recess,  if  they  could  engage  in  single  combat  or  marshal 
themselves  into  hostile  parties  for  a  general  encounter  within  the  precincts 
of  the  schoolhouse,  within  the  next  five  minutes  after  the  schoolhouse  should 
be  closed  ?  And  to  what  purpose  would  he  repress  insolence  to  himself,  if  a 
scholar,  as  soon  as  he  has  passed  the  threshold,  might  shake  hisjtst  in  his  teacher's 
face,  and  challenge  him  to  personal  combat  ?  These  considerations  would  seem 
to  show  that  there  must  be  a  portion  of  time,  both  before  the  school  com- 
mences and  after  it  has  closed,  and  also  a  portion  of  space  between  the  door 
of  the  schoolhouse  and  that  of  the  parental  mansion,  where  the  jurisdiction 
of  the  parent  on  one  side  and  of  the  committee  and  teachers  on  the  other  is 
concurrent. 

It  is  remarked  in  Ohio  (67)  that  in  general,  the  courts  of  the 
eastern  States,  notably  the  supreme  court  of  Vermont,  in  their 
decisions  sustain  the  authority  of  the  teacher  and  the  doctrine  that 
he  stands  in  loco  parentis  much  more  fully  than  do  the  western 
courts. 


176  EXTENT   OF    AUTHORITY 

In  1859,  a  teacher  in  Bedford,  Ind.,  named  Ariel  Flynn,  pun- 
ished a  boy  on  his  way  home  from  school  for  an  act  which  the 
teacher  saw  him  commit  at  that  time.  The  court  instructed  the 
jury  that  although  the  defendant  as  a  teacher  was  by  law  vested 
with  the  delegated  authority  to  exercise  control  over  the  boy  as 
his  pupil  during  school  hours,  yet  after  the  adjournment  of  his 
school,  and  after  the  boy  had  left  him  and  was  on  his  way  home, 
his  authority  over  him  had  terminated,  and  his  act  of  administer- 
ing correction  under  the  circumstances  was  unauthorized  by  law. 
— American  Educational  Monthly,  ii.  297. 

In  New  York,  the  decisions  of  the  State  superin- 
tendents have  uniformly  denied  that  the  teacher  has 
.either  authority  or  responsibility,  following  the  pre- 
cedent established  in  the  following  paragraph  in  a 
Digest  of  the  Common  School  System  of  the  State, 
S.  S.  Randall,  1844,  p.  262: 

The  authority  of  the  teacher  to  punish  his  scholars  extends  to 
acts  done  in  the  school-room  or  playground  only  ;  and  he  has  no 
legal  right  to  punish  for  improper  or  disorderly  conduct  else- 
where.— Per  Spencer,  Sup't. 

Thus  Sup't  Gilmour  ruled  : 

I  am  aware  of  the  existence  of  no  law  under  which  trustees  or 
teachers  have  the  right  to  regulate  the  conduct  of  scholars  out  of 
school  hours  and  when  away  from  the  school. 

Sup't  Ruggles  wrote  Jan.  31,  1885  : 

It  has  been  held  by  this  Department,  that  a  teacher's  authority 
over  pupils  ceases  after  the  close  of  school  and  when  they  retire 
from  the  school -grounds. — 8.  B.  xii.  62. 

Sup't  Draper  expressed  to  the  author  the  same 
opinion  ;  and  decided  that  the  teacher  had  no  right 
to  suspend  a  boy  for  refusing  to  remain  on  the 
school-ground  during  the  noon  recess,  according  to 


OVER   THE   PUPIL   AT   HOME  177 

a  rule  established  by  the  teacher.  He  held  that  a 
boy  had  a  right  to  go  where  he  chose  during  the 
noon  recess,  provided  that  it  was  with  his  parents' 
knowledge  and  consent  (D.  3698). 

On  the  other  hand,  in  1882  a  Buffalo  principal  saw  two  of  his 
school -boys  after  school  fighting  outside  the  school  premises,  and 
sent  a  messenger  commanding  them  to  desist,  and  come  to  him  at 
once.  They  refused,  and  the  next  day  when  they  came  to  school 
he  punished  them.  He  was  arrested  for  assault  and  battery,  and 
brought  before  Justice  King,  who  discharged  him,  ruling  that 
one  of  the  most  important  duties  of  teachers  is  to  train  and  qual- 
ify their  pupils  to  become  useful  and  law-abiding  members  of 
society ;  this  duty  cannot  be  effectively  performed  without  ability 
to  command  obedience,  and  reform  bad  habits ;  to  enable  the 
teacher  to  exercise  this  salutary  sway,  he  is  armed  with  the  power 
of  the  parent,  that  is,  he  stands  in  loco  parentis,  and  is  entitled 
in  law  and  in  reason  to  employ  the  means  necessary  to  answer  the 
purpose  for  which  he  is  employed  ;  and,  finally,  that  the  teacher 
has  jurisdiction  over  the  acts  of  pupils  coming  to,  and  going  from 
school,  if  those  acts  tend  to  subvert  the  best  interests,  or  the 
character,  of  the  school,  all  of  which  is  well  settled  by  common 
sense  and  law. — 8.  B.  viii.  136. 

In  Nev.  (22)  it  is  made  a  misdemeanor  for  any 
person  or  persons  to  detain,  beat,  whip  or  otherwise 
interfere  with  any  pupil  or  pupils  attending  any 
public  school,  in  the  State  of  Nevada  on  his,  her,  or 
their  way  to  or  from  such  school,  against  the  will  of 
such  pupil  or  pupils. 

d.  After  the  pupil  reaches  home,  the  rules  of  the 
school  have  no  authority  over  him1.  Mo.  (14). 

A  pupil  cannot  be  punished  in  school  for  not  having  done  les- 
sons at  home,  when  forbidden  by  the  parent  to  do  so.  "  Ordin- 


178  EXTENT    OF    AUTHORITY 

arily,  an  important  part  of  a  child's  education  is  the  study  at 
home,  but  here  the  child  has  been  punished  for  disobedience  to 
an  order  which  the  master  had  no  right  to  make1," 

Nor  can  a  pupil  be  expelled  for  attending  a  social  party  con- 
trary to  the  rules  of  the  school2,  or  for  reflecting  on  the  trustee 
in  a  newspaper  article3. 

So  the  officers  of  a  university  may  not  refuse  admission  to  or  exclude 
students  because  they  are  members  of  a  secret  college  society,  or  will  not 
pledge  themselves  not  to  become  so  *. 

In  Mass.,  however,  it  was  held  that  Charlotte  A.  Sherman 
was  rightly  expelled  for  acts  of  immorality  and  licentiousness 
committed  out  of  school5. 

e.  Recess  belongs  to  the  pupil,  especially  the  noon 
intermission. 

A  pupil  was  denied  the  privileges  of  the  school  because  he 
persisted  in  leaving  the  school -grounds  during  the  noon  recess. 

Held,  an  insufficient  cause.  That  the  teacher  has  no  claim  up- 
on the  pupil's  time  during  the  recess  (D.  3698). 

No  pupil  shall  be  detained  in  school  during  the  intermission  at 
noon,  and  a  pupil  detained  at  any  recess  shall  be  permitted  to  go 
out  immediately  thereafter.  All  pupils,  except  those  detained  for 
punishment,  shall  be  required  to  pass  out  of  the  school-rooms  at 
recess,  unless  it  would  occasion  an  exposure  of  health.  Ariz. 
(44). 

Ariz.  (47)  provides  that  no  pupil  shall  be  permitted  to  leave 
school  at  recess,  or  at  any  other  time  before  the  regular  hour  for 
closing  school,  except  in  case  of  sickness  or  on  written  request  of 
parent  or  guardian,  but  this  evidently  does  not  apply  to  the  noon 
intermission. 

f.  Detention  after  school. — It  has  usually  been 
held  that  teachers  may,  at  their  discretion,  detain 
scholars  a  reasonable  time  after  the  regular  school 
hours,  for   reasons   connected   with  the  discipline, 
order,  or  instruction  of  the  school. 

I455a.       a  223  a,  2?4,  232.        8107.       4  11, 12,  43,  46,  49,  76 a,  202,  253. 
8186. 


DETENTION   AFTER   SCHOOL  179 

This  practice  has  been  sanctioned  by  general  usage,  and  by 
the  authority  of  school  boards,  expressed  or  implied.  There  is 
in  most  States  no  law  defining  precisely  school  hours,  as  they  are 
termed,  or  the  hours  within  which  schools  are  to  be  kept.  This 
is  regulated  by  usage,  or  by  the  directions  of  school  boards, 
varying  in  different  localities,  and  also  in  different  seasons  of  the 
year.  The  practice  under  consideration,  of  occasionally  detain- 
ing pupils  after  the  regular  school  hours  for  objects  connected 
with  the  school  arrangements,  rests  upon  precisely  the  same 
authority. 

It  is  questionable,  however,  whether  under  the 
restrictions  placed  in  New  York  upon  the  teacher's 
authority  (see  page  176),  this  custom  is  legal.  If 
the  teacher's  authority  is  limited  to  the  school- 
grounds,  it  would  seem  to  be  limited  by  the  school 
hours.  la.  (38)  forbids  the  teacher  to  detain  the 
pupil  after  school  against  the  wish  of  the  parent. 

g.  Punishment  must  be  inflicted  only  on  school 
premises,  even  where  permitted  for  offences  out  of 
school. 


CORPORAL     PUNISHMENT 

A  legal  right  to  enforce  discipline  by  means  of 
corporal  punishment  exists  in  all  schools  where  it 
has  not  been  expressly  forbidden  by  statute  or  by 
regulation.  This  is  conferred  by  usage  and  con- 
firmed by  legal  decision1.— Blackstone's  Commentaries, 
i.  453. 

The  schoolmaster  has  a  right  to  give  moderate  corporal  correc- 
tion to  his  pupils  for  disobedience  to  his  lawful  commands,  for 
negligence,  or  for  insolent  conduct.  A  schoolmaster,  in  Ms  own 
right,  and  not  by  delegation,  possesses  this  authority. — Meeves's 
Domestic  Relations,  p.  534. 

Ala.  (165-172)  treats  this  subject  at  length,  and  all  States  rec- 
ognize this  principle,  except  N.  J.  (26),  which  forbids  corporal 
punishment.  Fla.  (60),  Pa.  (137),  Wis.  (44),  etc. 

The  law  applying  to  public  and  private  schools  is  the  same  so 
far  as  relates  to  the  discipline  of  the  school2. 

If  a  person  over  21  years  old  voluntarily  attends  school,  he  is 
subject  to  the  same  discipline  as  children  of  school  age3.  A  man 
teacher  has  been  sustained  for  whipping  a  woman  pupil  21  years 
old*. 

The  principal  may  of  course  punish  for  offences 
comitted  in  other  departments  of  the  school. 

From  an  address  by  Prof.  James  S.  Pertle,  of  the 
law  department  of  the  University  of  Louisville,  we 
quote : 

1  112,  330,  323,  326,  328,  358,  379,  396  a,  403,  409,  436,  450.  »  258. 

3  H2,  149,  432.  4  100  a. 

(180) 


GENERAL   PRINCIPLES  181 

The  teacher  is  often  spoken  of  as  standing  to  the  pupil  in  the 
place  of  a  parent,  in  loco  parentis,  while  the  relation  continues, 
and  it  is  said  that  the  teacher  has  therefore  the  same  power  over 
the  pupil  that  the  parent  has,  and  may  use  the  same  means  of 
enforcing  obedience  that  a  parent  may  under  the  law.  *  *  * 
Blackstone  and  Reeves  state  this  view  as  the  proper  doctrine, 
with  a  limitation  that  a  teacher  has  the  power  of  restraint  and 
corrections  to  such  an  extent  as  may  be  necessary  to  answer  the 
purpose  for  which  the  teacher  is  employed. 

It  seems  evident  that  there  must  be  a  difference  between  the 
power  which  the  teacher  has  over  the  child  and  that  which  the 
parent  has.  The  teacher  has  the  welfare  of  his  pupil  in  view, 
and  is  actuated,  in  enforcing  discipline  in  his  school,  only  by  the 
highest  motives  ;  his  affection  for  his  pupils  is  a  restraint  upon  his 
passions,  and  his  humanity  is  an  additional  safe-guard  against 
undue  harshness  to  the  children  under  his  charge.  Yet  the 
teacher,  however  kind,  however  just,  however  self -controlled,  has 
not  the  same  or  equal  motive  for  consideration  for  the  pupil  that 
a  judicious  and  kind  parent  has.  *  *  *  That  which  will  be 
excused  in  a  parent  would  not  be  permitted  in  a  teacher.  All 
parents  are  not  kind  and  judicious,  and  yet,  unless  the  treatment 
of  a  child  by  its  parents  amounts  to  cruelty,  the  law  does  not 
interfere.  So  that  the  teacher  must  keep  himself  under  greater 
restraint  in  his  management  of  his  pupil  than  the  parent  of  the 
same  pupil  is  required  to  preserve.  The  supreme  court  of  Ver- 
mont stated  the  law,  on  the  occasion  of  a  controversy  between  a 
teacher  and  a  pupil  growing  out  of  a  punishment  infli;ted  upon 
the  latter  by  the  former,  in  these  words  : 

The  parent  unquestionably  is  answerable  only  for  malice  or  wicked 
motives  or  an  evil  heart  in  punishing  his  child.  Thu;  great,  and,  to  some 
extent,  irresponsible  power  of  control  and  correction  is  invested  in  the  par- 
ent by  nature  and  necessity.  It  springs  i?rom  the  natural  rola'aon  cC  parent 
and  child.  It  is  felt  rather  as  a  auty  than  r,  power.  *  -  *  This  power  is 
little  liable  to  abuse,  for  it  is  continually  restrained  by  natural  r/rection,  the 
tenderness  which  a  parent  feels  for  his  offspring,  an  affection  ever  on  the 
alert  and  acting  rather  by  instinct  than  by  reasoning.  The  school-master 
has  no  such  natural  restraint.  Hence  lie  may  not  be  trusted  with  all  a  par- 
ent's authority,  for  he  does  not  act  from  the  instinct  of  paternal  affection. 
He  should  be  guided  and  restrained  by  judgment  and  wise  discretion,  and 
hence  is  responsible  for  their  reasonable  exercise. 


182  CORPORAL    PUNISHMENT 

The  last  sentence  concisely  states  the  true  limit  of  the  teacher's 
power  and  duty  in  the  matter  of  discipline. 

General  principles.— The  following  principles  seem 
to  be  established. 
a.  Largely  in  the  judgment  of  the  teacher. — A 

school  teacher  while  in  the  school-room  is  responsible 
for  maintaining  good  order,  and  he  must  be  the 
judge  to  some  extent  of  the  degrees  and  nature  of 
the  punishment  required  when  his  authority  is  set 
at  defiance ;  and  although  he  will  be  held  amenable 
to  the  law  for  any  abuse  of  this  discretion,  still  he 
will  not  be  held  liable  on  the  ground  of  excessive 
punishment  unless  the  punishment  is  clearly  exces- 
sive, and  would  be  held  so  in  the  judgment  of  rea- 
sonable men.  The  teacher  should  have  the  benefit 
of  the  doubt1.  —  Kent's  Commentaries,  203-206; 
Wharton's  Criminal  Law,  9th  ed.  §  632. 

The  law  presumes  that  the  teacher  acts  correctly  and  with 
justice,  and  it  must  be  shown  by  evidence  that  he  has  not  so 
acted. — Cooley's  Constitutional  Limitations,  421. 

The  teacher  has  even  been  sustained  for  whipping  a  child  for 
coughing  in  school,  where  in  his  judgment  it  was  done  voluntarily 
to  disturb  the  school2. 

In  a  decision  rendered  by  the  New  York  general 
term  at  Ithaca,  1879,  where  a  boy  was  punished 
for  addressing  an  indecent  remark  to  a  woman 
teacher,  the  court  hold  : 

There  can  be  no  doubt  that  the  boy  deserved  a  sound  punish- 
ment. He  was  old  enough  to  know  the  meaning  of  the  words 

»  80,  156,  254,  SOU,  324,  358,  379,  393,  397,  409, 411,  436.    Bat  see  142  a. 


GENERAL    PRINCIPLES  183 

and  the  gross  impropriety  of  using  them  to  any  teacher,  and 
especially  to  a  lady.  And  when  the  offence  was  undoubtedly 
committed,  and  was  wilful  and  indecent,  and  the  offender  was  no 
longer  a  mere  child,  neither  courts  nor  juries  should  be  quick  to 
criticise  an  excess  of  severity  into  which  the  proper  indignation  of 
the  teacher  may  have  led  him. 

In  Potter's  "Devorris",  page  518,  it  is  said  that  "In  deciding 
questions  of  discipline  the  teacher  acts  judicially  and  is  not  to  be 
made  liable,  either  civilly  or  criminally  unless  he  has  acted  with 
express  malice  and  been  guilty  of  such  excess  in  punishment  that 
malice  must  be  implied."  And  again  at  page  530:  "When  the 
correction  administered  is  not  in  itself  immoderate  and  therefore 
beyond  the  authority  of  the  teacher,  its  legality  or  illegality 
must  depend  entirely  we  think  on  the  quo  animo  with  which  it  is 
administered.  Within  the  sphere  of  his  authority  the  master  is 
the  judge  where  correction  is  required,  and  the  degree  of  correction 
necessary,  and  like  others  entrusted  with  a  discretion,  he  can  not  be 
made  penally  responsible  for  error  of  judgment,  but  only  for  wicked- 
ness of  purpose." — 8.  B.  vi.  35. 

to.  Any  required  force  may  be  employed.  It  is 
the  teacher's  first  duty  to  be  master  of  the  school. 

A  teacher  may  use  whatever  force  is  necessary  to  take  a  pistol 
away  from  a  pupil1. 

In  1880  Francis  J.  Cheney,  then  principal  of  the  Dryder. 
union  school,  wished  to  punish  a  boy  nearly  18  years  old,  but 
expected  resistance  and  asked  two  of  the  larger  boys  to  assist 
him  in  case  there  should  be  resistance.  As  expected,  the  boy 
rebelled,  assuming  a  threatening  position  and  declaring  defiantly 
that  he  would  not  be  whipped.  At  this  point  the  two  pupils 
laid  the  boy  on  the  floor  and  held  him  down  while  the  teacher 
whipped  him  with  a  maple  ruler.  The  case  was  tried  before 
the  court  of  special  sessions,  and  the  defence  insisted  that  when 
the  law  gave  the  teacher  a  right  to  inflict  punishment  it  gave  him 
also  the  right  to  choose  the  means  of  punishment,  and  that  it  was 
more  to  his  credit  to  call  in  sufficient  help  to  inflict  the  punish- 


184  COBPOBAL    PUNISHMENT 

ment  in  a  proper  and  human  manner  than  it  would  have  been  to 
enter  into  a  fight  with  the  pupil.  A  Maine  decision1  was  quoted, 
where  it  was  decided  that  a  scholar  who  placed  himself  in  the 
teacher's  desk  and  refused  to  leave  it  might  be  removed  by  the 
assistance  of  other  pupils  whom  the  teacher  summoned.  The 
jury  brought  in  a  verdict  in  favor  of  the  teacher. — S.  B.  vi.  82. 

On  July  21,  1865,  John  G.  Lewis,  principal  of  one  of  the  pub- 
lic schools  of  New  Haven,  Conn.,  was  brought  before  the  city 
court  for  assault  and  battery  on  Francis  M.  Hoban,  one  of  his 
pupils.  The  court  stated  the  case,  and  decided  it  as  follows : 

"  On  the  21st  of  July  last,  and  during  the  regular  school  hours, 
Mr.  Lewis,  as  a  punishment  for  some  supposed  misdemeanor  on 
the  part  of  young  Hoban,  directed  him  to  take  his  book  and  go  to 
the  recitation  room.  The  order  was  reluctantly  obeyed.  At  the 
closing  of  the  school,  but  before  the  pupils  had  retired,  he  came 
out  of  the  room  without  permission,  and  was  immediately  ordered 
back  by  the  teacher.  The  order  was  several  times  repeated  and 
Hoban  repeatedly  refused  to  obey.  Seizing  two  or  three  brushes, 
which  were  lying  near  by,  with  oaths  and  language  most  foul, 
and  threats  of  violence  if  the  teacher  approached  him,  he  dared 
him  to  come  on,  and  all  this  in  the  presence  of  a  large  number  of 
the  scholars.  Hoban  is  a  boy  of  fourteen  years  of  age,  of  fair 
size  for  his  years,  and,  as  it  would  seem,  possessed  of  more  than 
ordinary  strength.  It  is  clear,  under  all  the  circumstances,  there 
was  but  one  course  for  the  teacher  to  pursue.  He  must  vindicate 
his  authority.  It  was  necessary  for  Ihe  good  of  the  school,  as 
well  as  of  the  boy  himself,  that  he  should  learn  obedience  and  sub- 
mission to  that  authority.  For  the  milder  offence,  a  milder  pun- 
ishment had  been  inflicted  by  sending  to  the  recitation-room  to 
study  by  himself.  For  the  more  serious  offences,  the  insults  to 
the  teacher,  the  refusal  to  obey  a  proper  command,  the  vulgar 
and  profane  language,  the  threats  to  kill  the  teacher  if  he  should 
attempt  to  whip  him,  it  was  manifestly  fitting  and  proper  that 
he  should  receive  a  severe  punishment.  Mr.  Lewis  now  ap- 
proached the  boy,  who  endeavored  to  strike  him  with  the  brushes. 
A  struggle  ensued,  in  which  the  teacher,  notwithstanding  the 

i  149. 


DEGREE    OF    SEVERITY    PERMITTED  185 

riolent  resistance  of  the  pupil,  succeeded  in  pushing  him  into  the 
recitation-room  ;  but  I  do  not  find  that  he  used  more  force  than 
was  necessary  to  accomplish  this  object.  I  do  not  find  that  the 
whipping  was  either  cruel  or  excessive,  and  though  severe,  taking 
into  consideration  all  the  circumstances  under  which  it  was 
inflicted,  it  was  not  in  my  judgment  unreasonable,  but  entirely 
justifiable.  The  accused  is  therefore  discharged." — Am.  Ed.  Mo. 
ii.  372. 

In  England  it  has  been  held  that  where  a  schoolmaster  wrote 
to  a  parent  and  obtained  the  parent's  consent  to  beat  the  pupil 
severely  to  subdue  his  alleged  obstinacy,  and  the  teacher  beat 
the  boy  for  two  hours  and  a  half  secretly  in  the  night,  and  with 
a  thick  stick,  until  the  pupil  died  from  the  effects  of  the  beating, 
such  teacher  was  guilty  of  manslaughter  only,  no  malice  having 
been  proved1. 

c.  No  unreasonable  violence  must  be   employed. 
A  school  teacher  is  liable  criminally  if,  in  inflicting 
punishment  upon  his  pupil,  except  necessarily  in 
self-defence   where  .the   pupil  attacks  him,  he  goes 
beyond  the   limit   of  reasonable   castigation,    and 
either  in  mode  or  degree  of  correction,  is  guilty  of 
unreasonable  or  disproportionate  violence. 

Whether  the  punishment  was  excessive  under  the  circum- 
stances, is  a  question  for  the  jury2. 

d.  Sufficient  cause  must  be  shown. 

The  legal  objects  and  purposes  of  punishment  in  schools  are 
like  the  objects  and  purposes  of  the  State  in  punishing  the  citi- 
zen. They  are  three-fold :  (1)  the  reformation  and  highest 
good  of  the  pupil ;  (2)  the  enforcement  and  maintenance  of  cor- 
rect discipline  in  school ;  (3)  as  an  example  to  like  evil  doers.  And 
in  no  case  can  the  punishment  be  justifiable  unless  it  be  inflicted 
for  some  definite  offence  or  offences  which  the  pupil  has  com- 
mitted, and  the  pupil  is  given  to  understand  he  or  she  is  being 

1  449.  2  73,  150, 189,  330,  379,  449. 


186  CORPORAL  PUNISHMENT 

punished  for.  *  *  *  It  does  not  require  the  teacher  to  state  to  the 
pupil  in  clear  and  distinct  terms  the  offence  for  which  he  or  she 
is  being  punished.  It  only  requires  that  the  pupil  as  a  reasonable 
being,  should  understand  from  what  occurs  for  what  the  punish- 
ment is  inflicted1. 

In  Ind .  a  rule  requiring  pay  for  school  property  wantonly  or 
carelessly  destroyed  should  not  be  enforced  by  corporal  punish- 
ment2. See  pages  146,  153,  158,  160,  166,  175,  176,  177,  179. 

e.  The  instrument  must  be  suitable. 

There  also  can  be  no  doubt  that  if  a  master  were  deliberately 
to  strike  a  pupil  with  some  weapon  dangerous  in  itself,  and  likely 
(considering  the  pupil's  age  and  strength)  to  kill  or  maim,  and 
death  were  to  follow  as  a  consequence  of  such  improper  correc- 
tion, the  master  would  be  guilty  of  murder3. — Russell  on  Crimes, 
5th  ed.,  i.  773;  Archibald's  Grim.  Prac.,  i.  218;  Bishop's  Grim. 
Law,  7th  ed.,  §§  881,  2.  Compare  instance  on  page  183. 

f.  The  part  of  the  person  to  which  it  is  applied 
must  be  such  that  no  danger  wi41  result. 

In  England,  a  master  gave  a  boy  four  strokes  on 
the  hand  with  a  cane,  and  Judge  Mathew  acquitted 
the  master,  ruling : 

When  parliament  lays  down  a  chart  showing  the  particular 
regions  of  the  body  to  which  corporal  punishment  in  schools  is 
to  be  confined,  the  court  will  take  care  that  these  limits  are  not 
overstepped  ;  at  present  there  is  no  such  chart4. 

Feruling  upon  the  palms  of  the  hands,  and  whipping  upon  the 
legs  and  especially  upon  the  fleshy  part  of  the  thighs,  are  the 
safest.  In  case  the  pupil  attacks  the  teacher,  however,  the 
teacher  will  be  sustained  in  defending  himself  by  any  blows  that 
may  be  necessary. 

Boxing  the  ears  is  among  the  most  unpardonable  of  punish- 
ments, as  it  may  produce  deafness. 

1  114.  2  97.  3  :W6.  *  451,  456. 


IMPORTANT    CONSIDERATIONS  187 

g.  In  proper  spirit. — Punishment  must  not  be 
administered  by  the  teacher  in  malice,  and  for  the 
purpose  of  gratifying  a  malicious  feeling,  but  only 
in  a  proper  spirit,  with  the  sole  object  of  maintaining 
his  authority  and  preserving  the  order  and  decorum 
of  his  school. — Reeves's  Dom.  Rel.,  4th  ed.,  p.  357. 

Hence  many  schools  have  regulations  that  corporal  punish- 
ment shall  be  inflicted  only  after  delay  which  will  give  the  teach- 
er's temper  time  to  subside. 

In  Ariz.  (48)  any  teacher  before  inflicting  corporal  punishment 
upon  a  pupil  must  first  notify  the  parents  or  guardian  and  one 
member  of  the  board  of  trustees  of  his  or  her  intention  at  least 
one  day  before  such  punishment  is  to  be  inflicted,  stating  the  day 
and  hour  at  which  the  punishment  will  be  inflicted,  and  extend- 
ing an  invitation  to  such  parent  and  one  trustee  to  be  present. 

The  Arizona  statute  also  provides  that  the  punishment  must 
not  be  inflicted  in  the  presence  of  the  school. 

It  must  be  kept  in  mind  that  all  such  specifications  assume  that  the 
teacher's  authority  is  undisputed.  Where  that  is  attacked  and  he  must 
defend  himself  and  it,  rules  like  this  no  longer  apply. 

h.  Proportionate  to  the  offence  and  to  the  pupil. 

— The  punishment  should  bear  proportion  to  the 
gravity  of  the  fault,  and  be  graduated  according  to 
the  age,  strength,  and  mental  condition  of  the  pupil. 

A  beating  which  would  be  a  trifling  punishment  to  a  strong  lad 
of  fourteen  years,  might  be  an  act  of  extreme  cruelty  to  a  child 
of  five  ;  and  a  punishment  inflicted  for  failing  to  learn  a  lesson, 
which  might  be  just  and  reasonable  in  the  case  of  a  child  of 
ordinary  intelligence,  might  be  little  short  of  barbarous  in  the 
case  of  one  of  low  mental  development1. 

A  change  in  sentiment  is  manifest  in  recent  decis- 
ions. The  teacher  will  not  find  it  safe  to  rely  upon 


1  2,  24,  189,  326,  358,  448,  449. 


188  CORPORAL     PUNISHMENT 

modern  confirmation  by  the  courts  of  many  decis- 
ions once  rendered  and  long  considered  good  author- 
ity. The  old  common  law  as  to  the  extent  of 
corporal  punishment  was  as  follows  : 

The  law  confides  to  school  teachers  a  discretionary  power  in 
the  infliction  of  punishment  upon  their  pupils,  and  will  not  hold 
them  responsible  criminally,  unless  the  punishment  be  such  as  to 
occasion  permanent  injury  to  the  child,  or  be  inflicted  merely  to 
gratify  their  own  evil  passions.  —  Whartoris  Criminal  Law,  5th 
ed.,  i.  453. 

But  this  remark  is  also  found  in  Cooley's  Black- 
stone,  2d  ed.,  i.  453  : 

It  may  be  proper  to  observe,  however,  that  public  sentiment 
does  not  now  tolerate  such  corporal  punishment  of  pupils  in 
schools  as  was  formerly  thought  permissible  and  even  necessary. 

See  also  Russell  on  Crimes,  5th  ed.,  i.  773. 

When  such  punishment  is  proved  to  have  been  excessive  and 
cruel,  it  is  illegal1. 

Every  year  this  tendency  is  becoming  more  and 
more  marked,  and  the  teacher  who  cannot  govern 
without  severe  corporal  punishment  will  do  well  to 
retire  from  teaching  before  he  is  forced  out.  Thus 
Sup't  Draper  of  New  York  ruled  : 

It  is  shown  that  he  has  beaten  several  pupils  on  different 
occasions  with  a  stick  three  or  four  feet  long,  until  he  has  drawn 
blood  upon  and  disfigured  their  hands  and  heads,  raised  ridges 
upon  their  bodies,  and  produced  lameness  which  continued  for  a 
week  or  more.  *  *  * 

The  time  has  gone  by  when  such  indignities  may  be  inflicted 
upon  children,  or  such  scenes  as  this  testimony  depicts  may  be 
enacted  in  the  presence  of  a  public  school.  A  teacher  who  has 

1  72,  379,  396  a,  409. 


A    CHANGE    OF    SENTIMENT  189 

not  character  and  self-possession,  and  who  has  not  yet  learned 
how  to  maintain  discipline  in  a  better  way,  is  no  longer  wanted 
(D.  3863). 

In  Mont.  (45)  any  teacher  who  shall  maltreat  or  abuse  any 
pupil  by  administering  any  undue  or  severe  punisment,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
before  any  court  of  competent  jurisdiction  shall  be  fined  in  any 
sum  not  exceeding  $100. 

In  Indiana  the  court  held  :  "  In  one  respect  the  tendency  of 
the  rod  is  so  evidently  evil  that  it  might  perhaps  be  arrested  on 
the  ground  of  public  policy.  The  practice  has  an  inherent  prone- 
ness  to  abuse.  The  very  act  of  whipping  engenders  passion,  and 
very  generally  leads  to  excess.  Where  one  or  two  stripes  only 
were  at  first  intended,  several  usually  follow,  each  increasing  in 
vigor  as  the  act  of  striking  influences  the  passions.  Hence,  thespirit 
of  the  law  is,  and  the  leaning  of  the  courts  should  be,  to  discounte- 
nance a  practice  which  tends  to  excite  human  passions  to  heated 
and  excessive  action,  ending  in  abuse  and  breaches  of  the  peace. 
*  *  *  One  thing  seems  obvious.  The  very  act  of  resorting 
to  the  rod  demonstrates  the  incapacity  of  the  teacher  for  one  of 
the  most  important  parts  of  his  vocation — namely,  school  gov- 
ernment. For  such  a  teacher  the  nurseries  of  the  republic  are 
not  the  proper  element.  They  are  above  him.  His  true  position 
will  readily  suggest  itself.  It  can  hardly  be  doubted  that  public 
opinion  will  in  time  strike  the  ferule  from  the  hands  of  the  teach- 
er, leaving  him,  as  the  true  basis  of  government,  only  the 
resources  of  his  intellect  and  heart.  *  *  *  Why  the  person 
of  the  school  boy,  with  his  shining  morning  face,  should  be  less 
sacred  than  that  of  the  apprentice  and  sailor  is  not  easily 
explained1." 

No  line  can  be  drawn  between  the  use  of  the  rod 
and  its  abuse  ;  but  the  following  cases  will  illustrate 
actual  decisions : 

(1)  A  CASE  IN  NORTH  CAROLINA. — Rachel  Pendergast  kept  a 
school  for  small  children,  and  punished  one  of  them  with  a  rod 


190  CORPORAL    PUNISHMENT 

to  such  an  extent  as  to  leave  marks,  all  of  which  were  likely  to 
pass  away  in  a  short  time  and  leave  no  permanent  injury.  The 
judge  instructed  the  jury  that  if  they  believed  that  the  child  (six 
or  seven  years  of  age)  had  been  whipped  by  the  defendant  at  that 
tender  age,  with  either  a  switch  or  other  instrument,  so  as  to  pro- 
duce the  marks  described  to  them,  the  defendant  was  guilty.  The 
jury  under  this  charge  returned  a  verdict  of  guilty,  and  the  case 
was  afterward  argued  in  the  higher  courts.  Here  Judge  Easton 
held  teachers  exceed  the  limits  of  their  authority  when  they  cause 
lasting  mischief,  but  act  within  the  limits  of  it  when  they  inflict 
temporary  pain.  In  this  case  the  marks  were  temporary,  and  in 
a  short  time  disappeared.  No  permanent  injury  was  done  to  the 
child.  The  only  appearances  that  could  warrant  the  belief  or 
suspicion  that  the  correction  threatened  permanent  injury  were 
the  bruises  on  the  neck  and  arms ;  and  these,  to  say  the  least,  were 
too  equivocal  to  justify  the  court  in  assuming  that  they  did 
threaten  such  mischief.  We  think,  also,  that  the  jury  should 
have  been  further  instructed,  that  however  severe  the  pain  in- 
flicted, and  however,  in  their  judgment,  it  might  seem  dispropor- 
tionate to  the  alleged  negligence  or  offence  of  so  young  and  tender 
a  child,  yet  if  it  did  not  tend  to  produce  or  threaten  lasting  mis- 
chief, it  was  their  duty  to  acquit  the  defendant ;  unless  the  facts 
testified  induced  a  conviction  in  their  minds  that  the  defendant 
did  not  act  honestly  in  the  performance  of  duty,  according  to 
her  sense  of  right,  but  under  the  pretence  of  duty  was  gratifying 
malice1. 

(2)  A  CASE  IN  ILLINOIS. — In  Fairfleld,  HI.,  a  boy  over  four- 
teen failed  to  learn  his  grammar  lesson.  The  teacher  ordered  him 
to  take  off  his  coat  to  be  whipped,  or  to  be  expelled.  The  boy 
refused,  and  was  expelled.  A  controversy  arose  as  to  the  demand 
made  for  the  boy  to  pull  off  his  coat.  The  superintendent's 
decision  was  as  follows : 

"The  law  will  not  sustain  the  teacher  in  so  barbarous  an  act  as 
compelling  a  pupil  to  take  off  his  coat  and  be  whipped  for  failing 
to  learn  a  lesson.  Such  an  act  would  subject  the  teacher  to  pros- 
ecution, and  I  do  not  believe  there  is  a  court  in  the  State  that 


ILLUSTRATIVE    DECISIONS  191 

uould  not  impose  a  fine  upon  him.  *  w  *  In  my  opinion,  any 
teachei  that  cannot  create  an  interest  in  his  pupils  on  the  side  of 
good  order  and  good  lessons  without  resorting  to  such  means,  is 
not  fit  for  the  school -room,  and  tbe  sooner  a  district  dispenses 
with  his  services  the  better." — Ed.  Weekly,  Nov.  15,  1877. 

(3)  FOUR  CASES  IN  NEW  YORK. — (i)  The  facts  appear  to  be  that 
the  pupil  flatly  refused  to  obey  the  teacher,  by  not  taking  the 
seat  he  was  directed  to  take.  The  teacher  came  toward  the  boy, 
intending  to  compel  him  by  force  to  take  the  seat  assigned  to  him. 
The  boy,  witn  an  oath,  bade  the  teacher  not  to  come  near  him, 
and,  as  the  teacher  approached,  the  boy  struck  at  him  several 
times.  The  teacher  caught  the  boy,  and  with  force  put  him  in 
his  seat,  the  boy  meantime  kicking,  striking^  yelling,  and  swear- 
ing. To  stop  this  outrageous  and  unseemly  noise,  the  teacher 
took  the  most  effectual  measure  at  his  command  ;  he  intercepted 
the  passage  of  air  between  the  lungs  and  the  vocal  organs  long 
enough  to  suppress  the  disturbance,  but  not  long  enough  to 
injure  the  boy.  But  the  boy  was  not  subdued  by  any  such 
gentle  restraint,  for  no  sooner  was  he  left  alone  than  he  ran  out 
of  doors.  The  teacher  pursued  and  caught  him,  and  brought 
him  back  to  the  school-room,  not,  it  appears,  without  some  con- 
siderable force,  for  the  boy  struggled  with  all  his  strength  ;  and 
it  would  really  not  be  strange  if  in  the  struggle  he  received  some 
severe  blows.  And  for  this  the  superintendent  is  asked  to  annul 
the  certificate  of  the  teacher.  I  decline  to  do  anything  of  the 
kind.  The  teacher,  in  the  matter  of  the  boy,  did  no  more  than 
he  was  compelled  to  do  ;  he  might  have  done  much  more,  and 
still  be  acquitted  of  inflicting  cruel  and  unusual  punishment.  It 
was  not  cruel,  and  if  it  was  unusual,  it  was  only  so  because  the 
conduct  of  the  boy  was  unusual. — Sup't  Bice,  March  24,  1862. 

(ii)  A  teacher,  for  an  act  of  disobedience,  ordered  a  boy,  fifteen 
years  of  age,  to  hold  out  a  book  of  the  ordinary  size  used  in 
school,  at  arm's  length,  level  with  his  shoulder.  The  boy,  after 
holding  it  in  that  position  from  five  to  eight  minutes,  let  it  fall 
and  said  he  could  not  hold  it  any  longer.  On  being  ordered  to 
hold  it  out  again,  he  peremptorily  refused.  The  teacher  then, 
with  a  curled  maple  rule,  over  twenty  inches  long,  one  and  three- 
quarters  wide,  and  half  an  inch  thick,  struck  him  from  fifteen  to 


192  CORPORAL    PUNISHMENT 

twenty  blows  on  his  back  and  thighs,  and  in  so  severe  a  manner 
as  to  disable  him  from  leaving  the  school  without  assistance.  A 
physician  was  called,  and  found  his  back  and  limbs  badly  bruised 
and  swollen.  The  teacher  on  the  succeeding  day  sent  him  to  a 
physician,  who  pronounced  him  "very  badly  bruised".  It  was 
ten  or  twelve  days  before  he  so  far  recovered  as  to  be  able  to 
attend  school.  The  superintendent  expresses  his  unqualified  dis- 
approbation of  a  punishment  so  severe  and  unreasonable.  If  the 
disobedience  of  the  boy  had  been  the  result  of  sheer  obstinacy 
and  wilfulness,  it  could  not  justify  the  infliction  of  fifteen  or 
twenty  blows  with  such  a  bludgeon  upon  the  back  and  thigh  of  a 
boy,  disabling  him  for  a  fortnight.  Such  a  measure  of  punish- 
ment for  such  an  offence  would  be  sufficient  ground  for  annul- 
ling a  certificate. — Sup't  Young,  March  29,  1843. 

(iii)  The  only  pupils  in  said  school  who  complain  that  they 
were  punished  by  the  respondent  in  a  cruel,  unreasonable,  exces- 
sive, and  improper  manner  are  Jessie  Morgan.  Anson  Tobias, 
Richard  D.  Fish  and  Ernest  L.  Smith,  each  of  whom  has  made 
an  affidavit  relative  to  the  punishment  received  by  him  repec- 
tively.  It  appears  from  the  proof  that  the  respondent  punished 
the  pupil,  Morgan,  'three  times,  twice  with  a  ruler  and  once  with 
a  small  piece  of  pine  siding,  by  three  or  four  blows  upon  his 
person.  Morgan  states  in  his  affidavit  that  at  one  of  these  pun- 
ishments he  fainted ;  but  that  is  denied  by  the  respondent,  and  it 
appears  in  proof  that  Morgan  admitted  to  divers  persons  that  he 
did  not  faint  upon  such  occasion.  It  appears  that  Morgan  was 
punished  for  running  away  from  school,  for  getting  angry  and 
refusing  to  be  shown  in  relation  to  a  lesson,  and  refusing  to  obey 
his  teacher,  and  for  conspiring  with  two  or  three  of  the  large 
boys  in  tne  school  to  resist  the  respondent  in  the  performance  of 
his  duties.  That  the  pupil,  Tobias,  was  punished  for  making  an 
obscene  mark  and  picture  upon  his  desk.  Tobias  denied  having 
made  it,  although  one  Ackerman  saw  him  make  it ;  but  Tobias 
subsequently  admitted  that  he  made  it.  The  punishment  was 
administered  by  means  of  a  rubber  tubing  about  f  of  an  inch  in 
diameter,  applied  upon  his  person.  That  the  pupil,  Smith,  by 
means  of  a  rubber  syringe,  threw  water  upon  other  pupils  in  the 
school  during  school  hours ;  that  he  was  kept  after  school  hours 


ILLUSTRATIVE    DECISIONS  193 

and  respondent  gave  him  the  choice  of  being  punished  or  have 
his  offence  reported  to  the  board  of  education,  and  that  Smith 
replied  he  preferred  to  be  punished,  and  thereupon  the  respond- 
ent punished  him  with  a  ruler  applied  to  the  person  of  said  Smith. 
That  the  pupil,  Fish,  who  is  a  son  of  the  petitioner  herein,  was 
punished  several  times  ;  once,  on  being  kept  after  school  hours 
for  disorderly  conduct  in  school,  while  the  respondent  was  talk- 
ing with  him  he  became  angry  and  struck  the  respondent  with 
his  fist,  and  the  respondent  slapped  him  upon  his  face  with  his 
hand  and  whipped  him  with  a  ruler ;  on  another  occasion,  on 
said  Fish  being  kept  after  school  hours  and  refusing  to  get  his 
lessons  and  talking  in  an  impudent  and  saucy  manner  to  the 
respondent,  he  was  struck  two  or  three  times  by  respondent  with 
a  ruler  ;  and  the  last  punishment  received  by  Fish  from  respond- 
ent was  on  February  8,  1894,  when  he  told  an  untruth  to  the 
respondent,  was  disobedient,  became  angry  with,  and  saucy  and 
impudent  to  the  respondent,  and  caused  the  other  pupils  in  the 
school  to  laugh  by  making  faces  behind  the  back  of  the  respond- 
ent. The  nature  and  extent  of  the  punishment  received  by  said 
Fish  is  set  out  in  a  number  of  affidavits  by  pupils  present,  and 
both  by  Fish  and  the  respondent. 

Upon  all  the  proofs  presented  as  to  the  character  of  the  pun- 
ishment administered  to  the  pupils,  Morgan,  Tobias,  Smith,  and 
Fish,  by  the  respondent,  I  am  of  the  opinion  that  such  pun- 
ishment was  not  cruel,  unreasonable,  or  excessive.  It  is  not  shown 
that  any  of  said  pupils  sustained  any  serious  injury  thereby ; 
but  it  does  appear  that  the  pupil,  Fish,  was  a  disturbing  element 
in  the  school  (D.  4252). 

(iv)  In  Nov. ,  1894,  Miss  Canfield,  a  teacher  in  the  school  at 
Marcellus,  missed  two  cents  from  her  desk,  and  believed  a  pupil 
named  Charles  E.  George  stole  it.  She  testified  that  the  boy  had 
a  new  lead  pencil,  and  told  four  conflicting  stories  as  to  how  he 
got  it.  She  reported  him  to  Principal  M.  I.  Hunt,  who  testified 
the  boy  also  told  him  such  conflicting  stories  that  he  finally  took 
the  boy  down  into  the  basement  and  spanked  him  with  a  piece 
of  pine  wood  15  to  18  inches  long,  1|  inches  wide,  and  a  quarter- 
inch  thick — in  other  words  a  piece  of  lath.  The  boy  then  said  he 


194  CORPORAL    PUNISHMEU* 

took  the  money,  and  told  where  he  bought  the  pencil.  Suit  w**, 
brought  in  the  supreme  court  and  the  case  was  tried  in  1895. 
Miss  Canfield  testified  that  the  boy  came  back  into  the  room  with 
eyes  moist,  but  not  crying,  and  at  the  close  of  the  school  jumped 
down  four  stairs  and  started  on  a  run  down  the  street.  Dr.  Tot- 
man  testified  that  the  boy  had  sustained  no  serious  injury,  and  a 
verdict  for  the  defendant  seemed  to  be  inevitable.  Yet  the 
jury  brought  in  a  verdict  for  $100  against  Mr.  Hunt. — 8.  B. 
xxi.  54. 

A  comparison  of  the  last  two  cases,  decided  the 
same  year,  will  suggest  how  much  safer  it  is  for  a 
teacher  to  trust  such  a  case  to  the  State  superintend- 
ent than  to  the  courts  (see  page  135),  and  how  great 
danger  he  encounters  before  a  jury  if  he  inflicts 
corporal  punishment  at  all. 


CHAPTER   XI 

SUSPENSION     AND    EXPULSION 

The  righi  to  attend  school  is  not  absolute,  but  is 
conditional  upon  compliance  with  the  rules  and 
regulations1. 

The  true  idea  is  to  bring  all  within  the  salutary  influence  of 
the  school,  and  to  drive  none  out ;  but  cases  sometimes  occur  in 
which  it  becomes  necessary  for  the  board  to  protect  the  rights  of 
the  many  by  excluding  a  scholar  whose  presence  and  example 
are  a  constant  menace  to  the  successful  progress  of  the  school, 
la.  (38). 

The  teacher  may  suspend. — Accordingly  there  is 
vested  in  the  teacher  the  right  to  suspend2,  and  in 
the  trustees  the  right  to  expel  pupils  from  school. 

Judge  Vincent  ruled  that,  though  the  authority  to  suspend  or 
expel  pupils  from  school  is  vested  in  the  board  of  directors,  the 
teacher  has  the  right  to  exclude  a  refractory  pupil  temporarily 
from  school.  He  said : 

We  have  long  held  the  opinion  that  the  right  to  exclude  a  pupil  tempor- 
arily from  school  was,  in  the  absence  of  law  to  the  contrary,  inherent  in  the 
teacher's  office,  and  that  the  exercise  of  this  right  under  some  circumstances 
is  a  necessity.— Nat.  Teacfier,  July,  1874. 

This  view  is  generally  held.  la.  (38),  Neb.  (37),  R.  I.  (349), 
Tenn.  (15),  W.  Va.  (36),  etc. 

If  the  offender  is  incorrigible,  suspension  or  expulsion  is  the 
only  adequate  remedy.  In  general,  no  doubt,  the  teacher  should 
report  a  case  of  that  kind  to  the  proper  board  for  its  action  in  the 

1  114,  421. 

»  11,  106,  108,  149,  154,  171.  174,  295,  379,  380,  381, 395  a,  401,  411,  419,  421,  486. 
(195) 


196  SUSPENSION    AND    EXPULSION 

first  instance,  if  no  delay  will  necessarily  result  from  that  court* 
prejudicial  to  the  best  interests  of  the  school.  But  the  conduct  of 
the  recusant  pupil  may  be  such  that  his  presence  in  the  school 
for  a  day  or  an  hour  may  be  disastrous  to  the  discipline  of  the 
school,  and  even  to  the  morals  of  the  other  pupils.  In  such  a 
case  it  seems  absolutely  essential  to  the  welfare  of  the  school  that 
the  teacher  should  have  the  power  to  suspend  the  offender  at 
once  from  the  privileges  of  the  school ;  and  he  must  necessity 
decide  for  himself  whether  the  case  requires  that  remedy1. 

The  teacher  who  suspends  or  expels  a  pupil  is  not  liable  on  an  implied 
contract  to  teach.  There  is  no  implied  contract  between  teacher  and  pupil 
in  our  public  schools  that  the  former  shall  teach  the  latter.  The  only  con- 
tract of  the  teacher  is  with  the  board  of  directors  employing  him  2,  and  he 
is  accountable  to  the  board  alone  for  his  acts  as  teacher. 

The  teacher  can  not  expel.  Should  he  assume  to 
do  so  he  would  be  liable  for  damages. — Cooley  on 
Torts,  288. 

A  Vt.  decision  held  that  the  teacher  might  expel,  and  that  if 
he  erred  in  good  faith  in  the  discharge  of  his  duty  he  was  not 
liable  to  action3.  But  in  Mass.,  when  the  teacher  suspended  a 
pupil  for  refusing  to  take  a  whipping,  and  the  trustees  had  not 
acted  upon  the  case,  the  parent  could  not  maintain  a  suit  for 
damages  for  expulsion  without  first  applying  to  the  trustees  to 
see  if  they  sustained  the  teacher,  as  the  child  had  not  been 
expelled4. 

In  some  States  power  is  given  to  the  teacher  by  statute  to  sus- 
pend for  a  limited  time.  N.  C.  (31)  makes  the  limit  for  the  cur- 
rent term ;  N.  D.  (62)  makes  the  limit  5  days.  Fla.  (24)  directs 
teachers  to  suspend  pupils  for  10  days  for  gross  immorality,  mis- 
conduct, or  persistent  violations.  la.  (38)  says  the  teacher  may 
suspend  and  fix  the  time,  notice  being  given  to  the  board. 

In  New  York  it  has  been  ruled  otherwise. 

In  1881,  the  principal  of  the  Cattaraugus  union  school  sus- 
pended Homer  Crandall  for  two  weeks  under  a  by-law  of  the 

1  436.  *  60.  »  411.  *  174. 


ONLY    TBUSTEE*    MAY    EXPEL 


197 


board  authorizing  the  principal  to  suspend  a  pupil  who  is  guilty 
of  flagrant  misconduct,  or  those  whose  example  is  positively  in- 
jurious, or  whose  reformation  after  repeated  admonition  appears 
to  be  hopeless.  The  court  of  sessions  ruled  that  the  board  could 
not  delegate  to  a  teacher  the  power  of  suspension  or  expulsion ; 
and  that  a  boy  could  not  be  expelled  without  notice  to  appear 
before  the  board,  with  opportunity  to  defend  himself. — 8.  B. 
vii.  116. 

In  most  States  teachers  may  suspend,  but  must  at  once  report 
the  case  to  the  trustees  for  review  (D.  1725,  3678).  Ariz.  (26),  Id. 
(26),  la.  (38),  Mont.  (45),  K  D.  (62),  Ohio  (85),  Ore.  (71),  Va.  (71). 

Id.  (15)  and  Ky.  (49)  require  the  teachers  to  report  to  the  trus- 
tees without  first  taking  action. 

If  the  trustees  do  not  sustain  the  suspension,  Ariz.  (26),  Id. 
(26),  and  K  J.  (26)  permit  an  appeal  to  the  county  superintend- 
ent, whose  action  is  final.  La.  (47)  requires  the  case  to  be 
reported  to  the  parish  superintendent,  whose  decision  is  final. 

The  trustees  may  expel  whenever  the  harm  the 
pupil  does  to  the  school  more  than  counterbalances 
the  good  he  might  be  expected  to  get  from  it.  See 
page  38. 

This  is  provided  for  generally  in  statute  law.  Ariz.  (25),  Cal. 
(25),  Col.  (38),  Ks.  (41),  Mo.  (14\  Mont.  (38,  47),  Neb.  (37),  N.  J. 
(27),  Pa.  (140),  Tenn.  (9),  Va.  (43),  etc. 

Pupils  should  not  be  excluded  for  accidents  or  negligence1 . 
To  eject  a  boy  from  the  room  on  account  of  profanity  is  not  to 
be  regarded  as  permanent  expulsion  from  the  school2. 

Sufficient  cause  must  be  shown  to  warrant  this 
action. 

Some  States  leave  it  discretionary  with  the  trus- 
tees to  expel  for  such  cause  as  may  seem  to  them 

i  60,  814  a,  2  21. 


198  SUSPENSION     AND     KX1TLSIOX 

sufficient,    without   requiring   them    to    name   it1. 

Thus  Tenn.  (9)  and  Va.  (43)  authorize  the  trustees  to  expel 
when  the  prosperity  and  efficiency  of  the  schools  make  it  neces- 
sary. 

But  more  commonly  the  trustees  must  be  able  to 
defend  their  action  by  showing  good  reason  for  the 
expulsion. 

Ohio  (85)  requires  that  before  the  pupil  is  expelled  the  parent 
must  be  notified  and  permitted  to  be  heard. 

a.  Immorality  shown  within  the  school  is   suf- 
ficient cause2  ;  and  it  has  been  held  that  a  licentious 
child  may  be  excluded  even  when  no  licentious  acts 
have  been  committed  within  the  school3. 

Ariz.  (25)  makes  habitual  profanity  and  vulgarity  good  cause 
for  expulsion,  while  Cal.  (25)  and  N.  J.  (27)  make  them  cause 
for  suspension. 

Ariz.  (19)  says  "for  misconduct". 

b.  Insubordination,  or  continued  wilful  disobedi- 
ence, is  named  in  most  statutes  and  decisions4. 

See  Ariz.  (25),  Cal.  (25),  Col.  (38),  la.  (38),  Kan.  (41),  Neb.  (37), 
N.  J.  (27),  N.  D.  (62),  Pa.  (140),  Wash.  (30),  etc. 

The  supreme  court  of  Illinois  has  decided  that  school  directors 
can  expel  pupils  only  for  disobedient,  refractory,  or  incorrigibly 
bad  conduct, -after  all  other  means  have  failed.  Expulsion  is  not 
designed  as  a  means  of  punishment5. 

Judge  Higbee,  of  the  Fulton  county  (HI.)  circuit  court,  decided 
that  there  was  but  one  cause  for  expulsion,  and  that  is  incorrigi- 
bly bad  conduct. — Chicago  Legal  News,  vii.  309. 

In  la.  it  was  decided  that  trustees  may  not  adopt  a  rule  which 
will  deprive  a  child  of  school  privileges  except  as  punishment 
for  breach  of  discipline  or  an  offence  against  good  morals8. 

1  170.  *  21,  46,  49,  433.  »  185.  *  153.  »  55.    See  also  52. 

« iao. 


SUFFICIENT   CAUSES  199 

IP  THE  TRUSTEES  REFUSE  TO  EXPEL  a  persistently  disobedient 
pupil,  it  has  been  held  that  the  teacher  may  decline  to  continue 
the  school  and  draw  wages  for  the  full  term  (D.  1725),  or  at  least 
up  to  the  time  of  giving  up  the  school1. 

For  appeal  from  action  of  trustees,  see  page  197. 

It  is  the  duty  of  a  trustee  to  aid  a  woman  teacher,  when  ap- 
pealed to,  in  reducing  to  subjection  a  vicious  and  disturbing 
pupil,  and  if  necessary,  to  remove  such  a  pupil  from  the  school 
(D.  3678). 

If  trustees  will  not  expel  them,  a  teacher  may  refuse  to 
instruct  large  boys  who  treat  her  disrespectfully  and  refuse 
proper  obedience.  "A  female  cannot  be  expected  to  control 
large  boys  by  physical  force  "  (D.  1725). 

A  boy  expelled  for  impertinence  should  be  readmitted  if  he 
apologizes  (D.  1695).  Compare  page  203.  Nor  can  he  be  required 
to  apologize  upon  his  knees  (D.  1960). 

By  other  decisions,  pupils  cannot  be  suspended  for  refusing  to 
apologize  to  a  teacher  for  declining  to  sit  by  a  very  hot  stove  as 
punishment,  or  for  wearing  the  hair  in  a  manner  forbidden  by  the 
teacher  but  approved  by  the  mother.  See  page  147. 

In  111.  it  has  been  held  that  the  board  may  require  a  pupil  to 
intorm  it  of  the  name  of  another  pxipil  guilty  of  a  breach  of  the 
rules,  and  on  his  refusal  may  suspend  him,  but  not  for  more  than 
the  rest  of  the  school  year2. 

As  to  expulsion  for  absence  or  tardiness,  see  pages 
149-154 ;  for  refusal  to  take  certain  studies,  see 
pages  158-165  ;  for  refusal  to  come  provided  with 
text-books,  see  page  159  ;  for  refusal  to  take  part  in 
religious  exercises,  see  pages  166  to  169. 

c.  Damage  to  school  property  is  in  some  States 
legal  cause  for  expulsion.  See  page  146. 

In  Mich,  before  a  pupil  may  be  suspended  or  expelled  for  this 
cause,  the  act  must  be  shown  to  be  wilful  and  malicious — not 
merely  careless3. 

i  401. 419.          *  68  a.          »  60,  314  a. 


200  SUSPENSION   AND   EXPULSION 

d.  Infectious  disease  is  of  course  ample  reason 
for  exclusion  from  the  school,  not  only  of  pupils 
already  infected1,  but  of  those  likely  to  be  infected 
from  living  in  a  house  where  such  disease  exists 
(D.  1687).— S  R  xiii.  94. 

See  Ariz.  (34),  la.  (38),  Ky.  (49),  Me.  (20),  Mo.  (14),  N.  C.  (39), 
Ore.  (29,  74),  R.  I.  (83),  Utah,  (17),  Va.  (68>,  Wash.  (29),  W.  Va. 
(37),  etc.  For  New  York,  see  Rev.  Statutes,  1104,  25,  26  ;  chap. 
438,  laws  of  1860;  chap.  25,  laws  of  1893. 

e.  Unvaccinated  children  may  be  excluded  by  the 
laws  of  most  States3.     See  page  42. 

In  Mass. ,  children  who  present  a  certificate  signed  by  a  regular 
practising  physician  that  they  are  unfit  subjects  for  vaccination 
may  be  admitted  to  the  school  without  vaccination. — Chap.  515, 
laws  of  1894.  Va.  (69)  permits  the  law  on  this  subject  to  be  sus- 
pended. 

In  Pa.  (69)  teachers  are  required  to  refuse  admission  to  children 
except  on  a  certificate  signed  by  a  physician  setting  forth  that 
such  child  has  been  successfully  vaccinated,  or  has  previously 
had  small -pox. 

f.  Colored  children  (if  of  African  descent,  W.  Va. 
[42]  )  may  be  excluded  in  many  States  from  schools 
attended  by  white  children3.     See  page  38. 

See  Ark.  (50),  Fla.  (50),  Ga.  (17),  N.  C.  (13),  Tenn.  (23),  Tex. 
(8),  Va.  (67),  W.  Va.  (42). 

In  other  States  no  discrimination  is  permitted4. 

See  N.  J.  (28),  Pa.  (152). 

In  Wy.  (27)  separate  schools  may  be  established  for  colored 
children  where  there  are  15  of  them. 

1  108, 154, 179, 185,  199,  420,  421.     2  13  a. 

»  11,  55  a,  76  a,  128  a,  132,  286  a,  302  a,  325,  332  a,  334  a. 

*  3, 11,  13,  106  a,  llOa,  110  b.  112  a,  202,  253,  268  a,  268  b,  315,  333,  361. 


EXPULSION   ONLY   FROM   SCHOOL  201 

SIMILAR  DISCRIMINATIONS  are  made  against  the  Chinese  in 
Cal.  (23),  and  against  the  Indians  in  Cal.  (24)  and  in  N.  Y.  (vii.  37). 

g.  Incapacity  would  seldom  be  a  sufficient  cause. 

A  child  was  excluded  from  the  school  by  a  teacher,  with  the 
trustee's  approval,  upon  the  alleged  ground  that  he  was  idiotic, 
lacked  capacity  for  education,  and  was  unable  to  care  for  himself. 
Evidence  offered  before  the  school  commissioner  did  not  sustain 
the  charges,  but  rather  refuted  them. 

I  suppose  the  true  rule  touching  such  a  case  is  that  the  child 
should  be  permitted  to  attend  the  school  unless  his  presence  is 
obnoxious  to  others,  and  unless  he  is  so  weak-minded  as  to  be  in- 
capable of  caring  for  himself  and  receiving  the  elements  of  an  edu- 
cation. The  school  ought  to  help  this  boy  if  it  can  do  so  without 
detriment  to  the  interests  of  other  pupils.  Not  the  mere  pleasure 
or  convenience  of  the  teacher  is  to  be  considered,  but  the  efficiency 
and  success  of  the  school.  Although  he  may  be  the  occasion 
ot  some  annoyance,  and  of  a  little  unusual  care  and  attention,  he 
should  be  permitted  to  continue  in  the  school  unless  his  presence 
there  will  injure  it  (D.  3891). 

Expulsion  is  only  from  school. — It  is  not  in  the  line 
of  duty  for  trustees  to  refuse  a  person  expelled  from 
a  school  the  quiet  enjoyment  of  an  exhibition  held  by 
a  literary  society  of  a  school  in  a  school-building. 
In  charging  the  jury  in  such  a  case,  the  judge  re- 
marked : 

To  say  that  a  student  expelled  from  a  school  for  disobedience 
to  some  municipal  regulation  should  be  excluded  from  attending 
a  prayer  meeting  or  public  lecture  in  the  schoolhouse  or  college 
premises  for  all  time  to  come,  without  any  evidences  of  improper 
conduct  or  suspicion  of  improper  purposes,  would  be  an  exercise 
of  tyranny  over  his  private  rights  not  vested  in  the  trustees, 
directors,  or  professors  of  our  educational  institutions1. 


202  SUSPENSION   AND   EXPULSION 

How  to  enforce  expulsion. — If  a  pupil  who  has  been 
suspended  or  expelled  refuses  to  leave  the  building, 
the  teacher  or  trustee  may  at  once  enter  a  complaint 
before  any  justice  of  the  peace  or  city  magistrate 
under  the  provisions  referred  to  on  page  172. 

If  any  scholar,  after  notice,  shall  attend  or  visit  a  school  which 
he  has  no  right  to  attend,  or  shall  interrupt  or  disturb  the  same,  he 
shall  be  fined  for  the  first  offence  $5,  and  for  any  subsequent 
offence  $10,  or  be  imprisoned  not  exceeding  30  days.  N.  H.  (30). 

So  Ariz.  (36  ;  Cal.  (40);  Fla.  (31);  Md.  (22);  Mont.  (61);  Mo.  (61); 
Nev.  (22);  N.  C.  (37);  N.  D.  (69) :  Ore.  (42) ;  R.  I.  (108,  284) ;  8. 
D.  (34);  W.  Va.  (39,  40). 

How  long  expulsion  should  continue  when  a  pun- 
ishment for  bad  conduct  has  been  a  subject  of  con- 
troversy. 

a.  The  usual  view  is  that  the  expulsion  should 
continue  till  repentance  is  shown. 

ONE  NEW  YORK  DECISION. — On  April  8, 1874,  L.  H.  Hanchett 
was  suspended  from  the  union  school  at  Phoenix,  N.  Y.,  "for 
disrespectful  conduct  and  language  towards  his  teacher,"  and  the 
board  refused  to  restore  him  until  he  should  make  apology.  He 
refused  to  make  such  apology,  on  the  ground  that  he  had  been 
unjustly  dealt  with  in  reference  to  a  certain  examination,  and 
more  than  a  year  afterwards  he  applied  to  the  State  superintend- 
ent to  be  readmitted  to  the  school  without  apology.  The  Super- 
intendent's decision  reads  as  follows  : 

The  language  of  the  appellant  to  his  teacher  was  such  as  no  provoca- 
tion would  ever  justify  a  gentleman  in  using  toward  a  lady,  as  the  teacher 
is ;  and  the  appellant's  own  sense  of  self-respect  and  of  what  under  the  cir- 
cumstances was  due  from  him  to  his  teacher  should  have  led  him  to  make 
the  apology  of  his  own  free-will,  without  a  demand  for  it  from  the  board  in 
behalf  of  the  offended  party.  But  it  appears  that  the  appellant  persistently 
refuses  to  do  not  only  the  teacher  but  himself  justice  in  the  matter,  for  in  view  of 
the  offence  committed,  making  at  least  the  reparation  of  an  apology  for  the 


DURATION  203 

language  used,  was,  in  my  opinion,  an  act  of  justice  even  to  himself,  which 
he  should  have  been  not  only  willing  but  eager  to  perform.  But  in  view  of 
the  fact  that  the  appellant  has  already  been  kept  from  the  privileges  of  the 
school  for  more  than  a  year,  and  that  such  a  suspension  may  be  well  deemed 
a  sufficient  punishment  for  the  offence,  committed  as  it  probably  was  under 
unusual  excitement  and  by  a  scholar  of  uniform  previous  good  conduct,  the 
appeal  is,  I  must  admit  with  considerable  reluctance,  sustained,  and  the 
respondents  are  directed  to  restore  the  appellant  to  the  privileges  of  the 
school,  on  presenting  himself  for  that  purpose.— Letter  book.  State  Dep't,  July 
21,  1875. 

The  principle  here  affirmed  is  that  when  the  sus- 
pension has  been  continued  long  enough  to  be  a 
sufficient  punishment,  the  scholar  must  be  received 
without  acknowledgment  of  the  wrong  committed. 
But  New  York  has  had  only  one  administration 
capable  of  rendering  such  a  decision,  and  is  not 
likely  to  have  another.  The  usual  ruling  is  given 
in  the  decisions  which  follow. 

THREE  OTHER  NEW  YORK  DECISIONS. — (1)  Henry  Merrill,  17 
years  old,  a  pupil  in  the  school  at  Lyons,  assaulted  John  H.  Pat- 
terson, acting  principal  of  the  school,  and  on  the  next  day  when 
school  was  in  session  charged  him  with  lying  and  offered  to  fight 
him.  When  called  before  the  board  he  admitted  this,  and  justi- 
fied his  conduct,  whereupon  he  was  suspended,  and  his  guardian 
appealed. 

There  can  be  no  doubt  of  the  power  of  local  school  authorities 
to  suspend  pupils  from  school  privileges  when  their  conduct  is  so 
wilfully  insubordinate  as  to  be  destructive  of  the  good  order  and 
efficiency  of  the  schools.  There  are  undoubtedly  some  cases 
which  would  justify  an  entire  and  perpetual  taking  away  of 
school  privileges.  There  are  many  more  cases  which  call  for 
a  temporary  taking  away  of  such  privileges,  to  continue  until 
such  time  as  the  pupil  gives  satisfactory  evidence  of  his  willing- 
ness lo  submit  himself  to  the  discipline  of  the  school  *  *  * 
This  Department  will  not  be  inclined  to  overrule  the  action  of 
the  b  ;a.-d  i.i  this  case,  at  least  before  it  is  shown  that  it  refuses 


204  SUSPENSION    AND    EXPULSION 

to  readmit  Merrill  to  the  privileges  of  the  school  after  he  has  given 
abundant  proof  of  regret  for  his  misconduct,  and  readiness  to  sub- 
mit unreservedly  to  the  discipline  of  the  school  (D.  3596). 

(2)  The  action  of  a  teacher  and  of  a  board  of  education  in  sus- 
pending a  pupil  will  be  upheld  when  it  is  shown  that  the  pupil 
was  disorderly  and  refused  to  obey  the  teacher   and  properly 
deport  himself  in  the  school.     Until  it  has  been  made  to  appear  by 
proof  that  the  pupil  has  been  subjugated  and  is  ready  to  properly 
conduct  himself,  he  should  not  be  admitted  to  the  privileges  of  the 
school  (D.  3689). 

(3)  Appeal  from  the  refusal  of  the  trustees  of  a  district  to  re- 
ceive a  pupil  in  the  school  who  had  been  expelled  for  a  breach 
of  discipline.     The  boy  has  been  denied  the  privileges  for  several 
weeks.     The  act  for  which  the  punishment  was  inflicted  was 
evidently  the  result  of  momentary  impulse,  and  for  which  he  is 
now  contrite.     Nothing  is  shown  against  him  but  this  one  act. 
Held,  that  he  should  be  admitted  to  the  school  (D.  3861). 

IK  OTHER  STATES. — In  111.,  when  a  pupil  has  been  suspended, 
and  uses  gross  vulgarity  and  profanity  to  the  board  on  being 
called  before  it,  he  forfeits  his  right  if  any  to  reinstatement  until 
reparation  is  tendered1. 

In  Me.  (20)  the  trustees  may  expel  any  obstinately  disobedient 
and  disorderly  scholar,  and  restore  him  on  suitable  evidence  of  his 
repentance  and  amendment. 

In  R.  I.  the  principle  involved  has  been  clearly  stated.  On 
March  9,  1870,  a  scholar  named  Fuller  resisted  the  authority  of 
J.  I.  Davenport,  principal  of  the  Woonsocket  high  school.  The 
teacher  suspended  him.  The  committee  justified  the  teacher  in 
the  suspension,  but  voted  to  restore  the  boy  unconditionally 
The  teacher  appealed  from  the  committee  to  the  State  commis- 
sioner of  public  schools,  who  rendered  the  following  decision  : 

In  the  case  of  Master  Fuller,  no  punishment  has  yet  been  inflicted  for 
the  offence  committed,  save  that  indirectly  following  the  publicity  of  sus- 
pension from  school ;  and  so  far  as  the  vote  of  the  committee  extends,  there 
has  been  no  requirement  made  which  secures  to  the  governing  power  of  the 

168  a. 


DURATION  205 

school  a  recognition  of  the  violation  of  law,  or  a  proper  pledge  of  future 
obedience.  If  the  scholar  so  disobeying  be  allowed  to  return  to  the  school- 
room without  such  acknowledgment  of  wrong,  or  a  promise  of  future  obedi- 
ence, the  discipline  of  the  school  would  instantly  be  degraded  to  the  posi- 
tion occupied  by  the  offender,  and  to  a  state  of  discord  in  harmony  with  the 
offence.  On  the  other  hand,  the  recognition,  on  the  part  of  the  offender,  of 
the  offence  committed,  as  well  as  an  acknowledgment  of  the  authority  of 
the  teacher  to  regulate  the  internal  police  of  the  school,  with  a  pledge  of 
future  obedience,  not  only  honors  proper  and  legitimate  government  and 
establishes  it  upon  a  proper  basis,  but  it  also  honors  the  instinctive  regard 
for  truth,  virtue,  and  correct  deportment  on  the  part  of  those  who  may  have 
fallen  into  a  fault,  perhaps  hastily  and  thoughtlessly. 

Upon  this  view  of  the  case  stands  the  whole  question  of  good  government  and 
discipline  at  home  or  at  school.  If  the  parent  or  teacher  be  at  once  deprived 
of  the  power  of  judging  of  the  value  of  an  offence,  from  its  intrinsic  charac- 
ter and  its  attendant  circumstances,  and  also  of  the  power  to  administer 
merited  punishment  for  offences,  as  well  as  of  the  granting  of  pardon  and 
forgiveness  on  the  ground  of  true  reformation,  the  whole  foundation  and 
superstructure  of  disciplinary  government  are  thrown  down,  and  misrule 
must  and  will  prevail. 

The  wise  and  judicious  teacher  is  jealous  of  his  true  rights  and  preroga- 
tives, and  is  the  best  judge  as  to  the  influences  of  the  school-room  which 
help  on  the  one  hand  to  maintain,  and  on  the  other  to  subvert,  good  govern- 
ment. The  look  and  the  gesture  may  mean  more  of  good  or  ill  than  the 
word  or  the  act ;  and  it  would  not  tend  to  the  welfare  of  our  schools,  or  to 
the  support  and  dignity  of  home  or  school  government,  to  subject  every  act 
of  the  teacher  or  the  parent  to  the  severe  tests  of  legal  scrutiny,  or  the 
partisan  attacks  of  interested  counsellors.  In  view,  therefore,  of  the  gen- 
eral application  of  the  vote  passed  by  the  school  committee  of  Woonsocket, 
by  which  said  committee  decided  to  admit  Master  Fuller  to  regular  standing 
in  the  high  school,  and  in  view  of  its  specific  application  to  the  school  of 
which  he  is  a  member,  as  well  as  its  practical  influence  upon  all  the  schools 
of  the  town,  if  carried  out,  I  am  forced  to  the  conclusion  that  it  would  not 
be  for  the  welfare  of  the  schools  to  allow  this  vote  to  be  carried  into  effect, 
and  I  therefore  declare  said  vote  to  be  null  and  void.— Manual  1873,  pp. 
145, 146. 

b.  In  some  States  the  statute  limits  the  period  of 
expulsion  to  the  current  term. 

Among  these  are  Kan.  (41),  Neb.  (87),  N.  D.  (43),  Ohio  (85), 
8.  D.  (26),  Utah  (9). 

No  damages  for  expulsion  in  good  faith. — Trustees 
are  not  liable  for  damages  for  expelling  a  pupil, 


206  SUSPENSION    AND    EXPULSION 

even  though  the  rule  be  unwarrantably  severe,  pro- 
vided they  act  in  good  faith1. 

To  recover  damages,  the  person  must  first  appeal  to  school 
officers  who  have  the  power  to  reinstate  him,  if  there  be  such2, 
and  prove  the  action  of  the  officers  excluding  him  to  have  been 
wanton  and  malicious3. 

In  Mo.,  it  was  decided  that  when  trustees  had  expelled  a  pupil 
for  attending  a  social  evening  party  in  violation  of  a  rule  of  the 
school,  no  suit  for  damages  could  be  sustained.  (See  page  178.) 
The  court  said  : 

Whether  the  rule  was  a  wise  one  or  not,  the  directors  and  teachers  are 
not  liable  to  an  action  for  damages  for  enforcing  it,  even  to  the  expulsion  of 
the  pupil  who  violates  it.  While  this  court  might,  on  mandamus  to  compel 
the  board  and  teacher  to  admit  a  pupil  thus  expelled,  review  the  action  of 
the  board  and  pass  upon  the  unreasonableness  of  the  rule— which  we  do 
not,  however,  decide  here — yet  the  doctrine  that  the  courts  can  do  this  is 
very  different  from  that  which  would  hold  the  directors  liable  in  an  action 
for  damages  for  enforcing  a  rule  honestly  adopted  for  the  maintenance  of 
discipline  in  the  school.  That  such  an  action  is  not  maintainable  is  fully 
established  *. 

Judges  Norton,  Napton,  Hough,  and  Sherwood  concurred  in 
the  following  view : 

It  certainly  could  not  have  been  the  design  of  the  legislature  to  take 
from  the  parent  the  control  of  his  child  while  not  at  school,  and  invest  it  in 
aboard  of  directors  or  teacher  of  a  school.  If  they  can  prescribe  a  rule  which 
denies  to  the  parent  the  right  to  allow  his  child  to  attend  a  social  gathering, 
except  upon  pain  of  expulsion  from  a  school  which  the  law  gives  him  a  right 
to  attend,  may  they  not  prescribe  a  rule  which  would  forbid  the  parent 
from  allowing  the  child  to  attend  a  particular  church,  or  any  church  at  all, 
and  thus  step  in  loco  parentls  and  supersede  entirely  parental  authority? 
The  directors,  in  prescribing  the  rule  that  scholars  who  attended  a  social 
party  should  be  expelled  from  school,  went  beyond  their  power,  and  invaded 
the  right  of  the  parent  to  govern  the  conduct  of  his  child,  when  solely  under 
his  charge.  My  concurrence  in  the  opinion  of  the  court  is  based  upon  the 
sole  ground  that  malice,  oppression,  and  wilf  ulness  on  the  part  of  the  defend- 
ants are  not  sufficiently  charged  in  the  petition  5. 

Whatever  damages  are  recovered  are  for  the  child,  and  not 
for  the  parent8. 

l  411.  2  171  a.  »  54,  65. 

4  65,  74,  77,  113, 153, 154, 171, 199,  232,  295,  332,  340,  855  b,  358.  But  nee  10, 
23, 227,  257,  273,  274,  298,  300  a,  300  b,  335.  *  232.  8  295,  But  see  335. 


RELATION  TO  COMPULSORY  LAWS       207 

Another  point  of  view. — We  have  treated  the  law 
of  expulsion  as  laid  down  in  the  statute  and  estab- 
lished by  decisions.  It  will  be  observed  that  it  is 
based  upon  the  principle  that  to  attend  school  is  a 
privilege,  to  be  debarred  from  which  is  a  punish- 
ment. But  how  is  this  to  be  reconciled  with  the 
principle  of  compulsory  education  (see  page  43)? 
Here  we  have  the  law  with  one  hand  compelling 
children  against  their  will  to  enter  the  school,  and 
with  the  other  making  exclusion  the  penalty  for 
misbehavior. 

The  most  serious  punishment  which  can  be  inflicted  by  a  mas- 
ter is  expulsion  from  the  school.  It  is  necessary  for  the  master 
to  have  such  a  power  as  a  last  resource  in  the  case  of  incorrigible 
misconduct,  and  also  for  the  protection  of  his  other  charges  from 
the  evil  influence  of  an  unusually  vicious  pupil.  Expulsion  how- 
ever cannot  be  inflicted  by  the  master  of  a  board  [public]  school; 
for  the  attendance  of  a  child  at  such  a  school  is  compulsory  by  law, 
and,  unless  the  child  be  guilty  of  an  offence  justifying  his  being 
sent  to  a  reformatory  or  industrial  school,  his  expulsion  from  a 
board  school  would  imply,  most  probably,  the  entire  cessation  of 
his  education.  Also  when  parents  are  compelled  to  send  their 
children  to  school  under  the  provisions  of  the  Elementary  Educa- 
tion Acts,  they  are  only  excused  from  sending  them  to  a  board 
school  for  certain  reasons,  none  of  which  is  that  the  child  has 
been  expelled ;  therefore,  if  a  child  could  be  expelled,  we  should 
have  the  father  in  the  awkward  position  of  being  liable  to  a  pen- 
alty for  not  causing  his  child  to  attend  a  school,  to  which  the 
master  of  that  school  refused  to  admit  the  child. — Disney's  Law 
relating  to  Schoolmasters,  pages  89,  90. 

The  teacher's  dilemma. — There  is  no  effect  to  law 
unless  there  be  a  penalty  for  its  infraction.  The 
final  penalty  in  school  has  always  been  either  cor- 


208  SUSPENSION    AND    EXPULSION 

poral  punishment  or  expulsion.  But  the  former  is 
discouraged,  if  not  forbidden,  and  the  latter  is  in- 
consistent with  compulsory  education. 

Expulsion  is  the  last  resort ;  and  if  the  pupil  persists  and  the 
teacher  is  not  strong  enough  to  compel  him  to  leave  the  school, 
the  punishment  would  fail  if  she  could  not  call  some  one  to  her  aid. 
But  in  case  of  final  punishment,  if  the  teacher  cannot  punish 
she  still  has  the  final  resort  of  suspension  or  expulsion1. 

On  Oct.  12,  1887,  while  John  H.  Clark,  superintendent  of 
schools  in  Flushing,  was  speaking  to  the  pupils  in  one  of  the 
rooms  on  a  matter  of  discipline,  Anthony  Brown,  17  years  old, 
rose  and  looked  round  at  the  other  pupils  in  a  contemptuous  man- 
ner. Mr.  Clark  took  hold  of  him,  and  a  trial  of  strength  ensued, 
so  severe  that  the  janitor  had  to  interfere  in  behalf  of  the  teacher. 
The  boy  apologized  before  the  school  and  promised  better  behav- 
ior. The  next  day  his  class  teacher  reported  that  he  was  contin- 
uously troublesome,  and  sent  him  to  the  principal.  Mr.  Clark 
remonstrated  with  the  pupil,  who  grew  insolent  and  abusive  and 
dared  the  superintendent  to  put  him  out  of  the  school.  Mr. 
Clark  suspended  him  and  directed  him  to  leave  the  building. 
The  next  morning  the  boy  appeared  again,  and  was  a  leader  in 
scattering  paper  caps  upon  the  floor,  and  in  exploding  them. 
Thereupon  the  boy  was  removed  from  school,  and  the  action  was 
sustained  by  the  board  of  education.  Held  that  the  public  had 
no  right  to  call  upon  teachers  to  test  their  physical  powers  with 
those  of  young  men  already  grown  to  man's  estate  (D.  3689). 

This  case  was  also  tried  in  court,  and  a  similar  decision  was  rendered  by 
Judge  Brown. 

The  teacher  may  not  punish  a  pupil  for  refusing  to  do  what 
the  parent  has  requested  he  be  excused  from  doing,  even  when 
such  refusal  justifies  the  board  in  suspending  or  expelling2. 

Governor  Dix  believed  that  corporal  punishment 
was  preferable  to  expulsion.  He  said  : 

A  teacher,  must  for  the  purpose  of  maintaining  proper  order 

I  401.  2  80.  82. 114, 


PUNISHMENT    VS.     EXPULSION  209 

and  discipline  in  his  school,  have  a  right  to  employ  such  means 
of  correction  as  he  may  deem  necessary  to  the  accomplishment 
of  the  object.  For  any  unnecessary  or  excessive  severity  he 
would  be  answerable  for  damages  in  a  suit  of  law  to  the  person 
aggrieved. 

A  teacher  ought  not,  I  think,  to  dismiss  a  scholar  from  school. 
From  the  nature  of  the  common  school  system,  teachers  are,  as  a 
general  rule,  bound  to  receive  and  instruct  all  children  sent  to 
them.  If  a  scholar  is  so  refractory  that  he  cannot  be  managed, 
and  his  dismission  becomes  necessary  to  the  preservation  of  order, 
I  think  the  teacher  should  lay  the  matter  before  the  trustees  for 
their  direction;  but  not  until  the  ordinary  means  of  correction 
had  been  fully  tried  and  found  unavailing. — Decisions,  page  145. 

(/  Better  chastise  than  expel. — We  believe  this  to  be 
sound  doctrine.  While  corporal  punishment  should 
be  seldom  necessary,  the  pupils  should  not  know 
that  the  power  to  inflict  is  taken  from  the  teacher. 
Impertinence,  for  instance,  always  the  utterance  of 
a  weak  and  cowardly  nature,  can  be  easily  checked 
only  by  the  certainty  of  immediate  and  physically 
painful  punishment.  Deprivation  of  recess  or  extra 
tasks  often  develop  it  into  confirmed  insolence,  and 
expulsion  follows.  The  boy  whom  one  tingling  blow 
of  the  ferule  might  have  saved,  grows  up  in  low- 
bred ignorance.  Instances  like  this  we  have  known  ; 
and  we  do  not  believe  that  boards  of  education  should 
take  away  this  right  of  the  teacher,  or  that  teachers 
themselves  should  ostentatiously  renounce  it.  If  the 
teacher  has  determined  to  maintain  good  order  with- 
out the  use  of  the  rod,  it  does  him  honor,  and  we 
wish  him  success.  But  let  him  keep  his  resolution 
to  himself.  There  are  pupils  who  fear  only  what 


210  SUSPENSION    AND    EXPULSION 

hurts  them ;  and  they  may  bring  about  a  crisis 
when  only  the  rod,  and  that  vigorously  applied,  will 
maintain  order  in  the  school-room. 

But  we  have  shown  (pages  187  to  194)  that  modern 
sentiment  is  growing  so  strongly  against  corporal 
punishment  that  it  is  a  dangerous  power  to  exercise, 
even  where  it  is  permitted.  Besides,  it  is  asking  a 
good  deal  of  young  teachers,  especially  of  young 
women,  to  control  unruly  boys  by  physical  force. 
Evidently  as  a  last  resort  some  new  punishment  must 
be  substituted  for  persistent  bad  conduct  in  school. 

The  truant  school  is  the  solution  of  the  difficulty. 
Every  system  of  schools  should  have  such  a  school, 
not  penal  but  reformatory,  to  which  refractory  pu- 
pils may  be  sent.  Without  such  schools  no  com- 
pulsory law  can  be  effective. 

As  to  the  right  of  the  State  to  send  children  to  such  a  school1, 
see  Cooley's  Constitutional  Limitations,  299. 

1  37,  333.  435,  442. 


CHAPTER  XII 

IN      LOCO      PARENTIS 

We  come  now  to  a  relation  of  the  teacher  toward 
his  pupil  too  broad  and  general  to  be  defined  by 
statute  law,  but  referred  to  in  common  law  under 
the  expression  in  loco  parent-is — in  place  of  the  parent. 

The  master  is  in  loco  parentis,  and  has  such  portion  of  the 
powers  of  the  parent  committed  to  his  charge,  viz. :  that  of  re- 
straint and  coercion,  as  may  be  necessary  to  answer  the  purpose? 
for  which  he  is  employed1. — Blackstone's  Commentaries,  \.  453; 
Bislwp's  Common  Law,  7th  ed.,  §  882  ;  ScTiouler's  Domestic  Rela- 
tions, 4th  ed.,  §  244 ;  Addison  on  Torts,  Wood's  ed.,  §  840.  Ark. 
(69),  Pa.  (137). 

For  previous  reference  to  this  relation,  see  pages  143, 175, 177, 
181,  206. 

In  case  of  a  private  school,  the  parent  may  withdraw  the 
child  at  any  time,  and  thus  terminate  the  teacher's  delegated 
right'. 

There  is  a  tendency  to  regard  this  phrase  as  a 
legal  fiction,  and  to  consider  it  the  sole  duty  of  the 
teacher  to  instruct  in  the  branches  laid  down  in 
the  course  of  study,  relieving  the  teacher  at  once  of 
the  responsibility  and  of  the  right  to  control  the 
pupils  in  any  thing  outside  of  their  studies.  The 
attendance  and  the  character  of  the  pupils  and  even 
their  conduct  while  in  school  would  be  no  concern  to 

1  2,  189,  358,  436.  *  455  b,  455  C. 

(211) 


212  IN   LOCO    PARENTIS 

the  teacher.  If  the  child  failed  to  comply  with  the 
prescribed  regulations,  the  remedy  would  be  simply 
to  expel  him.  This  view,  emphatically  set  forth 
in  a  prominent  magazine*,  we  believe  no  true  teacher 
ever  held. 

The  old  Massachusetts  law  has  the  true  ring  of 
sound  educational  principle  : 

It  shall  be  the  duty  of  the  president,  professors,  and  tutors  of 
the  University  at  Cambridge  and  of  the  several  colleges,  of  all 
preceptors  and  teachers  of  academies,  and  of  all  other  instructors 
of  youth,  to  exert  their  best  endeavors  to  impress  on  the  minds 
of  children  and  youth  committed  to  their  care  and  instruction  the 
principles  of  piety  and  justice,  and  a  sacred  regard  to  truth  ;  love 
of  their  country,  humanity,  and  universal  benevolence  ;  sobriety, 
industry,  and  frugality  ;  chastity,  moderation,  and  temperance  ; 
and  those  other  virtues  which  are  the  ornament  of  human  society 
and  the  basis  upon  which  a  republican  constitution  is  founded  ; 
and  it  shall  be  the  duty  of  such  instructors  to  endeavor  to  lead 
their  pupils,  as  their  ages  and  capacities  will  admit,  into  a  clear 
understanding  of  the  tendency  of  the  above-mentioned  virtues  to 
preserve  and  perfect  a  republican  constitution,  and  secure  the 
blessings  of  liberty,  as  well  as  to  promote  their  future  happiness, 
and  also  to  point  out  to  them  the  evil  tendency  of  the  opposite 
views. — 38th  Report,  p.  147. 

Dignity  of  the  teacher's  office. — The  teacher  should 
feel  that  he  is  not  a  hired  servant  of  the  individual 
inhabitants  of  the  district,  to  be  criticised  and 
thwarted,  and  at  the  best  but  tolerated.  He  has 
legal  rights,  and  no  inconsiderable  legal  authority. 
He  should  deserve  and  demand  the  respect  due  the 
dignity  of  his  office.  "  Pull  off  thy  hat,  Sire,"  said 

*  The  National  Teacher's  Monthly,  for  June,  1875. 


BREADTH  OF  THE  TEACHER'S  WORK     213 

the  schoolmaster  to  Charles  II.,  "  for  if  my  scholars 
discover  that  the  king  is  above  me  in  authority  here, 
they  will  soon  cease  to  respect  me." 

Not  scholars  alone,  but  men  and  women. — Our  pub- 
lic schools  were  created  to  make,  not  scholars  simply, 
but  men  and  women.  When  education  is  confined 
to  the  imparting  of  certain  branches  of  knowledge, 
it  will  have  no  claim  to  be  maintained  at  public 
expense.  Penmanship  and  physics  taught  where 
only  the  intellect  is  trained,  are  as  likely  to  be  the 
weapons  of  the  forger  and  the  burglar  as  they  are 
to  be  the  support  of  law-abiding  citizens.  Healthy 
care  of  the  mind  and  body,  a  right  purpose  in  life, 
sound  and  intelligent  morality — these  are  the  lessons 
the  public  school  should  instil ;  beside  them,  arith- 
metic and  grammar  and  geography  are  incidental 
in  importance.  They  must  first  be  exemplified  in 
the  teacher's  life,  and  thus  become  a  continual  lesson 
to  every  pupil.  But  this  is  not  enough.  The  true 
teacher  will  know  his  pupils  as  individuals,  and  will 
feel  in  each  an  interest  which  only  the  term  parental 
describes. 

Friendly  hints.— He  sees  among  his  pupils  a 
slovenly  boy.  Judiciously,  quietly,  here  a  little 
and  there  a  little,  he  conveys  hints  that  bear  fruit  in 
clean  hands,  polished  shoes,  and  brushed  clothes. 
He  notices  a  girl  too  showily  dressed,  and,  choosing 
his  time,  appeals  to  her  kindness  not  to  make  her 


214  IN    LOCO    PARENTIS 

less  wealthy  neighbors  uncomfortable.  He  observes 
a  pale  student  who  never  goes  out  at  recess,  invites 
him  to  a  walk,  and  impresses  upon  him  the  futility 
of  cultivating  the  mind  to  the  neglect  of  the  body. 
He  overhears  the  coarse  expressions  of  a  good- 
natured,  stable-bred  young  fellow,  and  finds  occa- 
sion to  point  out  to  him  that  the  only  sure  indication 
of  culture  is  the  language  one  uses.  He  finds 
untruth  a  prevalent  vice.  Not  satisfied  with  general 
instruction,  exhortation,  and  reproof,  he  seeks  out 
the  individuals  in  whom  it  is  most  alarming,  and 
impresses  upon  each  that  the  lie  stamps  the  utterer 
at  once  a  coward  and  a  fool.  He  sees  in  a  pale  face, 
and  reserved,  absent-minded  manners,  indications 
of  a  most  common  and  deadly  crime.  Cautiously, 
kindly,  but  steadfastly,  he  labors  to  save  a  life  from 
ruin  and  a  soul  from  perdition.  These,  and  such  as 
these,  are  the  efforts  which  task  the  conscientious 
teacher.  He  dishonors  his  profession  who  neglects 
them. 

A  high  ideal. — We  are  told  that  this  is  a  great 
deal  to  require ;  that  it  demands  of  the  teacher  a 
combination  of  talents  with  common-sense  which 
would  make  him  eminent  in  any  profession.  True 
enough  :  and  why  not  ?  The  time  has  been  when 
he  became  a  teacher  who  lacked  the  brains  to 
succeed  at  anything  else.  May  the  time  come  when 
he  shall  become  something  else  who  lacks  the  brains 
to  succeed  as  a  teacher.  Away  with  the  narrow- 


A   TRUE    TEACHER  215 

minded  notion  that  the  teacher  need  only  impart 
square  feet  of  problems  and  linear  yards  of  para- 
digms. No  other  profession  exacts  at  once  such 
thoroughness,  such  judgment,  such  insight  into 
human  nature,  such  sincere  politeness,  and  such 
honest  manhood  and  womanhood. 

A  personal  tribute. — The  compiler  of  this  book  has 
been  under  the  instruction  of  many  teachers,  in 
ungraded,  grammar,  and  high  schools,  in  the 
academy,  in  the  college,  and  in  the  professional 
school.  Among  these  teachers  were  learned  men 
and  noble  men,  whom  he  respects  and  reveres.  But 
of  them  all,  he  recognizes  but  one  as  having  exacted 
upon  him  a  marked  influence.  Nor  can  he  better 
close  these  articles  than  by  quoting  here  a  grateful 
reference  which  he  made  years  ago  to  the  truest 
teacher  he  ever  knew — Rev.  William  Hutchison, 
late  principal  of  Norwich  (Conn.)  Free  Academy  : 

I  can  imagine  no  life  more  unsatisfactory  than  that  of  an 
incapable  teacher.  Bullied  by  the  large  boys  ;  himself  a  bully 
to  the  smaller  ;  jeered  to  his  face  ;  insulted  behind  his  back  ;  his 
school  a  bedlam;  his  recitations  a  farce ;  hired  only  because 
cheap — he  draws  his  grudgingly  paid  stipend  in  the  delusion  that 
he  is  respectable  because  a  professional  man. 

Such  wert  not  thou,  O  Zeus — name  fortuitously  bestowed, 
but  applied  in  no  disrespectful  spirit,  and  cherished  among  the 
healthiest  recollections  of  the  past.  Happy  were  we  who  sat  at 
thy  feet.  Happy  in  sound  and  accurate  instruction ;  happy  in 
the  instilment  of  a  love  for  thorough  scholarship  ;  happy  in  the 
example  and  fellowship  of  one  who  was  in  every  way  a  man.  We 
were  careless  and  wayward  ;  far  less  than  we  ought  did  we  profit 


216  IN   LOCO   PABENTIS 

by  thy  teachings ;  but  the  most  Indifferent  of  us  failed  not  to 
catch  some  warmth  from  thy  glowing  countenance,  and  the  most 
earnest  gladly  acknowledged  thy  quickening  influence.  If  it  be 
noble  to  give  one's  every  energy  to  his  calling  ;  to  wrestle  with 
bodily  infirmity  that  one's  duty  be  faithfully  performed  ;  to  per- 
severe amidst  perverseness  and  ingratitude  in  conscientious  atten- 
tion to  the  minds  and  characters  of  one's  pupils — then  wert  thou 
a  nobleman.  And  if  it  be  a  satisfaction  to  have  wrought  in  all 
committed  to  thy  charge  a  lasting  impression  of  the  dignity  of 
Christian  manhood,  then  hath  thy  life's  labor  been  not  unre- 
warded.— Tale  Literary  Magazine,  June,  1869. 


TABULAR  ANALYSIS 


PAGE 

THE  TEACHER'S  QUALIFICATION  89 

Necessity  of  a  license  -      89 

How  licenses  are  obtained  89 

a.  Uniform  certificates      -  89 

b.  Training-class  certificate     -            -  91 

c.  Drawing  certificate        -  91 

d.  Kindergarten  certificate      -  -                        91 

e.  Vocal  music  certificate             -  -           -                 92 
/.  College -graduate's  certificate  92 
g.  State  certificate  -           -      92 

Table  of  uniform  examination  requirements  93 

h.  Normal  diploma                        -  -      94 

i.  Temporary  licenses             -  94 

Certificates  of  other  States      -  -                              94 

Examination  a  requisite             ...  95 

Further  requirements             -            -  -            -            -      96 

The  teacher  may  appeal                -           -  98 

Restriction  upon  city  and  village  teachers  -                        -      98 

How  licenses  are  annulled  98 

a.  Moral  character     -        -  -      99 

(1)  Only  present  offences  considered  99 

(2)  The  teacher  must  have  notice  -      99 

(3)  The  charges  must  be  specific  99 

(4)  The  offence  must  be  serious  -      99 
J.  Deficiency  in  learning  100 

c.  Ability  to  manage  a  school        -  -    101 

d.  Attendance  at  institute        -  103 

e.  Keeping  engagements  -    103 
Various  derelictions  103 

The  teacher's  defence  •      104 
(217) 


218  SCHOOL    LAW    AS    TO    TEACHEfcS 

PAGE: 

MAKING  THE  CONTRACT  105 

Prerequisites  -      105 

a.  Necessity  of  a  license  105 

(1)  The  certificate  sufficient  evidence  -      105 

(2)  Must  be  held  when  contract  is  made  105 

(3)  Must  extend  over  entire  contract  -      106 

(4)  An  unlicensed  teacher  can  draw  no  pay  107 

(5)  He  may  not  teach  without  pay       -  107 

(6)  He  commits  assault  and  battery  if  he  chastises           107 
6.  Required  age  108 
c.  Relationship  108 

Minors  108 

Married  women  -      109 

Members  of  religious  orders  109 

With  whom  contract  is  made  -      109 

a.  If  there  be  one  trustee      -  110 

b.  If  there  be  three  trustees        -  110 

c.  If  there  be  two  trustees    -  111 

d.  In  union  schools  -      111 

e.  Relation  of  time  of  contract  to  term  of  office       -  111 
CONDITIONS  OF  CONTRACT  113 

Written  contract  required  113 

Specifications  of  contract      -  -      113 

a.  Duration      -  114 

(1)  For  specific  period  114 

(2)  By  the  year,  or  by  months,  weeks,  or  days     •  115 
The  month  is  20  school  days  115 

(3)  Holidays  116 

(4)  Teachers'  institute  -      116 

(5)  Enforced  vacation,   for  117 
Contagious  disease  -      118 
Burning  of  school  house  118 
Wrangling  among  the  trustees  118 
Closing  for  lack  of  funds  118 

b.  Amount  of  compensation  -      118 
Extra  pay  119 

Instructing  non-residents      -  -119 


TOPICAL    ANALYSIS  219 

PAGE 

Instruction  in  outside  branches  119 

Janitor  work  -      119 

c.  Time  of  payment  -                        119 

d.  Manner  of  payment     -  -      120 

(1)  Salary  must  be  paid  to  the  teacher  -                        120 

(2)  Salary  must  be  paid  in  cash  -      120 

(3)  How  to  enforce  payment  120 

e.  Janitor  work     -  -      121 
/.  Precise  work  as  a  teacher  121 
g.  The  school  register      -  -      122 

BREAKING  THE  CONTRACT  124 

By  the  teacJier  -      124 

By  the  trustees      -                       ...  124 

Opportunity  to  be  heard        •           -  -      125 

Sufficient  cause              -             -           -  -           -            126 

a.  Immorality       ......      126 

b.  Incapacity  to  teach             ...  126 

c.  Neglect  of  duty                                   -  -           -      127 

d.  Cruelty  127 

e.  Insubordination            ...  -      127 
/.  Bribery  or  agency            -  128 
g.  Closing  school  without  consent  -      129 

(1)  Consent  must  be  official  129 

(2)  Trustees  provide  the  substitute      -  -      129 

(3)  Teacher  must  make  effort  to  continue  129 

(4)  If  he  abandons  contract,  no  pay     -  130 

(5)  Temporary  illness  130 
h.  Mere  dissatisfaction  no  cause  130 
i.  On  payment  of  damages  131 
k.  Pensions  -      131 

Proper  method  of  procedure        -  132 

Liability  for  criticism  133 

The  teacher's  defence  134 

a.  Appeal  to  the  courts  -      134 

b.  Appeal  to  the  State  superintendent  135 
Recovery  of  wages      -  1 36 

The  Hoose-Gilmour  case        -  136 


220  SCHOOL    LAW    AS    TO    TEACHERS 

PAGE 

Damages  for  injustice  -      137 

RULES  AND  REGULATIONS  138 

Original  authority  in  the  trustees  -      138 

Rules  must  be  officially  adopted  138 

The  school  commissioner       -  -      139 

Beyond  the  rules,  power  lies  with  the  teacher      •  139 

The  teacher's  place  and  authority  -      139 

Horace  Mann's  view  139 

The  law  of  to-day  -      140 

An  illustration                                    -           -  141 

The  superintendent's  authority        -  -      142 

What  rules  may  be  made             ....  144 

a.  The  hours  of  school      .....      144 

b.  Janitor  work                        ....  145 
e.  Pecuniary  fines           .....      146 

d.  The  use  of  tobacco            ....  147 

e.  Personal  cleanliness      .....      147 
/.  Manner  of  attire     .....  147 
g.  Left-handed  children              ....      147 
h.  Outside  the  school           ....  143 

ABSENCE  AND  TARDINESS        -           -           -  -      149 

Trustees  have  authority                        •  149 

a.  Tardiness                                            -           -  -      149 

b.  Absence       -                                    -  150 

(1)  Exercises  outside  the  school-building        -  -      152 

(2)  Catholic  holidays  152 

(3)  The  Jewish  sabbath  -      152 

c.  Excuses  may  be  required  153 
CONTROL  OF  THE  CHILD'S  STUDIES  -      155 

Power  of  the  trustees       -                       -  155 

a.  The  course  of  study  -      155 

(1)  Text- books         -  156 

(2)  Requirements  by  statute                           -  -      156 

(3)  Permissions  by  statute                        -            -  157 

(4)  Restrictions  by  statute       ....      157 

b.  Grading  of  pupils             ...  158 

c.  Compelling  pupils  to  follow  the  course         -  -      158 


TOPICAL   ANALYSIS  221 

PACK 

Text-books  159 

The  Wisconsin  decision  -           -      159 

An  Illinois  decision  -                       161 

A  New  York  decision  -      163 

Modern  tendency  of  opinion      -           -  -                      164 

THE  BIBLE  AND  RELIGIOUS  EXERCISES  166 

The  law  in  New  York  -      166 

In  other  States     -  168 

Religious  services  in  schoolhouses     -  -                 169 

EXTENT  OF  AUTHORITY      -  170 

Derivation  of  authority      -----      170 

Extent  of  authority         -           -  170 

a.  In  the  school -room,  absolute  -      170 
Trustees       -  171 
Protection  by  law  -      171 

b.  On  the  playground  absolute  173 

c.  On  the  road  concurrent  -     173 
Statute  provisions  in  many  States  174 
Horace  Mann's  opinion  -            -      175 
In  New  York  176 

d.  After  the  pupil  reaches  home  -      177 

e.  Recess  178 
/.  Detention  after  school  -      178 
g.  Punishment  inflicted  only  on  school  premises    -  179 

CORPORAL  PUNISHMENT  -      180 

4  legal  right  of  the  teacher         -  180 

General  principles    -  -      182 

a.  Largely  in  judgment  of  the  teacher  -                        182 

b.  Any  required  force  may  be  used        -  -      183 

c.  No  unreasonable  violence  185 

d.  Sufficient  cause  -      185 

e.  The  instrument       -  186 
/.  The  part  of  the  person  -      186 
g.  In  proper  spirit       -  187 
h.  Proportionate  to  offence  and  pupil     -  -      187 

A  change  in  sentiment  187 

Illustrative  cases              ...  -      189 


222  SCHOOL    LAW    AS    TO    TEACHEES 

PAOB 

(1)  One  in  North   Carolina  189 

(2)  One  in  Illinois  -      190 

(3)  Four  in  New  York  191 
SUSPENSION  AND  EXPULSION  -      195 

The  right  to  attend  school  •           195 

The  teacher  may  suspend     -  -      195 

The  teacher  can  not  expel  196 

The  trustees  may  expel  -            -      197 

Sufficient  cause    -----  197 

a.  Immorality       -  -      198 

b.  Insubordination       -  198 

c.  Damage  to  school  property    -  -      199 

d.  Infectious  disease  200 

e.  Unvaccinated  children  200 
/.  Colored  children      -  200 
g.  Incapacity         -            -  -      201 

Expulsion  is  only  from  school     -  201 

How  to  enforce  expulsion       -  -      202 

How  long  expulsion  should  continue       -  202 

a.  The  usual  view            -  -      202 
One  New  York  decision      -  202 
Three  other  New  York  decisions        -  -      208 
A  Rhode  Island  decision    -  204 

b.  In  some  States  limited  by  statute      -  -      205 
Damages  for  expulsion    -  206 
Relation  to  the  compulsory  law         -  -      207 
The  teacJiers'  dilemma    -  207 
Compared  with  corporal  punishment  -      209 
The  truant  school  essential  210 

IN  LOCO  PARENTIS  211 

Dignity  of  the  teacher's  office      •  212 

Not  scholars,  but  men  and  women    -  •                       -      213 

Friendly  hints      -  213 

A  high  ideal  -      214 

A  personal  tribute  215 


LEGAL  DECISIONS 


These  are  referred  to  by  number  in  foot-notes  at  the  bottom  of 
pages.  Where  the  page  is  in  italic,  some  description  of  the  case 
is  given.  Where  it  is  in  heavy-face,  quotation  from  the 
decision  is  given. 


ALABAMA 

Pages  of 

1   . 

.  6  Ala     501... 

.109 

2    . 

.88              169... 

.187. 

211 

ARKANSAS 

3    . 

.27  Ark.    116... 

.200 

4    . 

.52             511... 

.110 

5    . 

.53             468... 

.105, 

107,  112,  126 

6    . 

.55               47... 

.132 

8    . 

.138.  W.  132... 

.110 

CALIFORNIA 

10    . 

.  6     Cal.     94... 

.206 

11     . 

.48               36..  =17  Am.  Rep.  405. 

13    . 

.54               28... 

.178 

13    . 

.82             588... 

.200 

13  a. 

.84             226.  .  . 

.200 

14    . 

.13   Pac.    329... 

.113 

COLORADO 

15    . 

.15     Colo.     367. 

.115, 

136 

16    . 

.  1  Colo.  Ap.  27. 

.105, 

106 

CONNECTICUT 

17    . 

.13  Conn.  227... 

.  20 

18    . 

.26             607... 

.172 

18  a. 

.27             499... 

.169 

19    . 

.33             298... 

.134 

20    . 

.36              280... 

.111 

21    . 

.41              442... 

.139, 

171,  197,  198 

22    . 

.46              400.  .  . 

158,  178,  195,  200 


(223) 


224 


COMMON    SCHOOL   LAW 


CONNECTICUT 

Pages  of  this  volume. 

23    . 

.47  Conn. 

365. 

.  .  .206 

24    . 

.53 

481. 

...139,  187 

DELAWARE 

26     . 

.  3  Houst 

633. 

GEORGIA 

28     . 

.61    Ga. 

477. 

...130 

ILLINOIS 

30     . 

.15    111. 

65. 

...97,  105 

31     . 

.16 

147. 

.  .  .105  106 

32    . 

.32 

300 

33    . 

.36 

71. 

...105  126,  127,132 

34    . 

.39 

101. 

...105 

35    . 

.39 

609. 

...105,  106 

35  a. 

.42 

441. 

.  .  .169 

36    . 

.45 

12. 

.  =2  Bradw.  458.    97,  98.  102 

37    . 

.55 

280. 

.  .  .210 

38    . 

.56 

476. 

39    . 

.63 

350. 

.  .  .38,  144 

40    . 

.67 

511. 

...110,  130 

41    . 

.68 

154. 

...120 

42    . 

.69 

80. 

...105 

43    . 

.71 

383. 

...178 

44    . 

.71 

532. 

...106,  107 

45    . 

.71 

732. 

...105 

46    . 

.79 

567. 

...150,  156,  160,  178,  198 

47    . 

.86 

595. 

...105,  136 

48    . 

.87 

255. 

...105,  106,  112  162 

49    . 

.87 

303. 

.  =29  Am.  Rep.  55.     38,  150,  156,  178,  198 

50    . 

.88 

553. 

...129 

51    . 

.88 

563. 

...124,  129 

52    . 

.89 

567. 

...198 

52  a. 

.93 

61. 

...169 

53    . 

.92 

293. 

...105,  106,  112 

53  a. 

.95 

96. 

.  =35  Am  Rep.  163. 

54    . 

.95 

263. 

...156,  168,  169,206 

55    . 

.97 

375. 

...146,  155,  198 

55  a. 

101 

308. 

.  .  .200 

LEGAL    DECISIONS  225 

ILLINOIS  Pages  of  this  volume. 

56  ".112   111.   11.... 105 

57  .117       30.... 

59  .  .2Ill.App.458.  .=45  111.  12.  126,  134,  136 

60  . .  2  584. ..  .146,  159,  196,  197,  199 

61  ..  3  349.... 123 

62  ..  4  224.... Ill,  112 

63  ..10  643.... 105 

64  ..11  393.... 121 

65  ..13  520. ..  .42,  150,  154,  206 

66  ..17  347....  126,  134,  137 

67  ..23  367 118 

68  ..26  379.... 105,  115 

68  a.  .32  300 199 

69  ..36  133.  ...105,  136 

70  .  36  653....  105,  131,  136 

71  ..24  191.... 112 

INDIANA 

72  ..  4  Ind.  290....  185,  188,  189 

73  ..  4  633.... 

73  a..  9  458.... 169 

74  ..15      73. ...206 

75  ..26  337....  105,  107 

76  .  .42  200. ..  .124,  129,  134,  137 

76  a. .48  327.... 178,  200 

77  ..51  206.... 206 

78  ..67  511.... 

79  ..69      80.... 105 

80  . .  69  295 . .  =35  Am.  Rep.  216.  138, 150, 153, 182, 206 

81  ..70  575.... 105 

82  ..79      75.... 206 

83  ..79  567....  163 

84  ..79  585....  105,  107 

85  ..80  276.... 120 

86  ..82  286.... 139 

87  ..96  105.... 120 

88  .104  548....  97 

89  .106  478.... Ill,  112,  155 


226  COMMON  SCHOOL  LAW 

INDIANA  Pages  of  this  volume. 

90  .107  Ind.  351....  123 

91  .108  31.... 159 

91  a. Ill  472..  =9  W.  R.  394.  149 

92  .126  528.... Ill 

93  . .  5  West  Rep.  684 123 

95  ..14  KE.  68.... 

96  ..15  341.... 

97  ..18  266....  146,  186 

98  .  .27  303. . .  .110,  111 

IOWA 
100  ..1   la.  359 158 

100  a..  4     248 180 

101  ..14  28.... 120 

102  ..16  214.... 109 

103  ..17  228....  105,  107 

104  ..21  590. ...137 

105  ..22  171.... 109 

106  ..23  531.... 195 

106  a.. 24  266.... 200 

107  ..30  429.... 173,  178                    [200 

108  .  .31  562. . .  .38,  46,138;  144,  149,  150,  155,  173,  195, 

109  ..33  105.... 113 

109  a.. 35  194. ...169 

110  ..35  361.... 113 
110  a. .27  145. . . .200 

110  b.. 40  210.... 200 

111  ..40  444.... 113 

112  ..45  248..  =114;  24  Am.  Rep.  769;  32  Am.  Rep. 

128.  155,  180 

112  a.. 41  689.  ....200 

113  ..45  522.. '..206 

113  a. .50  11.... 169 

114  .  .50  152. . .  .155,  156,  158,  186,  195,  206 

115  ..52  111....  97 

116  ..52  130. ...113 

117  ..53  187....  129,  134 

118  ..53  285.. 


IOWA 

Pat 

119    . 

.54             476.. 

120    . 

.56             476.. 

.  .146,  147,  150 

121     . 

.64             867.  . 

..169 

122    . 

.65             209.. 

..134 

122  a. 

.  9  N.W.  356.. 

..163 

123    . 

.46            1053.. 

-445.    Ill,  129 

124    . 

.48               82.. 

=446.     Ill,  129 

125    . 

.  2  Greene  482.. 

.  120 

KANSAS 

127    . 

.  8    Ks.    362.. 

127  a. 

.15             259.. 

..169 

128    . 

.10             283.. 

..115 

128  a. 

.26                 1.. 

..200 

129    . 

.27              120.. 

..110 

130    . 

.28             345.. 

..126 

131    . 

.30              268.  . 

..126 

132    . 

.45             156.  . 

..200 

KENTUCKY 

183    . 

.  5    Ky.    602.. 

134    . 

.78             116.. 

..120 

135    . 

.15    8.W.     1.. 

..  15 

136    . 

.  3  Bush  255. 

.  ..108,  'J& 

137    . 

.  8             336.. 

..120 

LOUISIANA 

138    . 

.16  La  Ann.  163  

139    . 

.30             607.  , 

...123 

140    . 

.34             354. 

...111 

MAINE 

141    . 

.  1     Me.     97. 

142    . 

.  3             450. 

...124,125 

142  a. 

.  7             273. 

.  .  .182 

143    , 

.16             184. 

.  .  .129 

124    . 

.20               37. 

.  .  .105 

145 

,.20              154. 

...105,  12(1 

146 

..20             337. 

147 

..23             569. 

.  .  .109 

148 

..26               56. 

...105 

LEGAL    DECISIONS  227 

Pages  of  this  volume. 


228  COMMON   SCHOOL   LAW 


MAINE 

Pagtt  Qf  this  volwne 

148 

.  .26    Me.     56.  . 

..105 

149 

..27             266.. 

..171,  180,^4,195 

150 

..27             281.. 

..158,  185 

151 

.  .28             379.  . 

..155 

152 

..80             641.. 

..129 

152  a 

..35             195.. 

..172 

153 

..38             164.. 

..198,206 

154 

..38             376.. 

.  138,  150,  155,  156,  158,  169,  170,  195,  200,  206 

155 

..74             462.. 

..111 

156 

..78             509.. 

=57  Am.  Rep.  818.     182 

159 

.  .  7Me.Ap.273. 

160 

..19             462.. 

MARYLAND 

162 

..43    Md.   449.. 

..123 

MASSACHUSETTS 

164 

.  .12  Mass.  375.  . 

..109 

165 

..15             272.. 

..109 

166 

..16               28.. 

..109 

167 

..16             141.. 

..155 

168 

.  .29             244.  . 

..125 

169 

.103              94.. 

..155 

170 

.105             475.. 

..138,  139  143,  150,  171,  198 

171 

.111             499.. 

..156,  171,  195.206 

171  a 

.113             103.. 

..206 

172 

.116             366.. 

..38,42,  138,  139,  149 

173 

.123             545.. 

..115 

174 

.133             103.  . 

..195,  196 

175 

.  .98             587.  . 

..110 

177 

.  .  2  Allen  592.  . 

..123 

178 

..9               94.. 

..96 

179 

..12             127.. 

..138,  150,  155,  156,  169,  200 

181 

.  .  2  Cush.  198.  . 

..138 

182 

.  .  4             599.. 

..123 

183 

..5             188.. 

..138,  158 

184 

.  .  5              198.. 

..138,  158 

185 

..  8             160.. 

.  .45,  138,  150,  155,  178,  198,  200 

186 

..  8             191.. 

..111 

LEGAL    DECISIONS  229 

MASSACHUSETTS  Paga  of  (hit  volume 

187    ..11  Gush.  178....  155 


189 

.  .  4  Gray 

36.. 

..185,  187,211 

190 

..12 

839. 

...115 

192 

..2Metcalf 

23.. 

..171 

193 

..10 

508. 

...155 

195 

..  3  Pick 

201., 

...109 

196 

..  3 

379. 

...125,  133 

197 

..11 

2CO. 

...120 

198 

..22 

225. 

199 

..23 

224. 

.  .  .138,  150,  158,  199,  200,  206 

MICHIGAN 

202 

..18  Mich. 

400. 

...150,  178,  200 

203 

..30 

69. 

...155 

204 

..30 

249. 

.  .  .123 

205 

..89 

480. 

...116,120 

206 

..43 

480. 

...118 

207 

..44 

500. 

...110,112 

208 

..47 

112. 

...111 

209 

..47 

226. 

210 

..47 

626. 

...110 

211 

..62 

153. 

...116 

211  a.  .69  589. .  =37  N.W.  567     218 

212  ..81  214.... 112 
214    ..87  N.W.  670....  107 

214  a.. 43  996....  146,  197,  19S 

215  ..43  1062.... 106 

216  ..45  989.... 105,  111,  158 

217  ..50  293.... 112 

MINNESOTA 

218  ..10 Minn.  340 120 

219  ..12  448.... 105 

220  ..20  72 106 

221  ..27  433.  ...105 

222  ..31  319....  105,  10P 
222  a.. 35  309....  U8 

MISSOURI 
222 b..  10    Mo.   560....  169 


230  COMMON    SCHOOL    LAW 


MISSOURI 

Paqes  of  this  volume 

223 

..19    Mo.   462.. 

..132 

223  a 

..24             309.. 

..178 

224 

..31              533.. 

..178 

225 

..38             391.. 

226 

..38             679.. 

..158,  168 

227 

.  .48             ?53.  . 

..206 

228 

..51               21.. 

..111,112 

229 

..53             472.. 

..120 

230 

..55             149.. 

.  .115,  124,  126,  130,  132 

231 

..63             137.. 

..113 

232 

.  .66             286.  . 

=27  Am.  Rep.  343.     173,  177,  178.  2O6 

232  a 

..67             301.. 

..160 

233 

.  .71             628.  . 

=36  Am.  Rep.  499.    1#,  138,  150. 

234 

..77             484.. 

..155 

235 

.  .78             226.  . 

..132 

236 

.  .85             485.  . 

..139,173 

237 

..85             585.. 

.  . 

240 

..15Mo.Ap.362. 

,  .  .126 

241 

.  .24             250.  . 

.  .118,  180 

242 

.  .24             309.  . 

243 

..24             536.. 

244 

.  .30             113.  . 

..^20 

NEBRASKA 

246 

..  1    Neb.    76.. 

..115 

247 

..4             254.. 

..110 

248 

..  6             167.. 

..126.129 

249 

..9              56.. 

..IK 

250 

..13               52.. 

..108,  130 

251 

..19             494.. 

.  .105,  115,  180 

252 

..48  N.W.  393.. 

..163 

252  a 

.  .52             710.  . 

..154 

NEVADA 

253 

..  7  Nev.  342.. 

.  .178,  200 

NEW  HAMPSHIRE 

t 

254 

.  .  9  N.  H.  722.  . 

.  .107,  18lt 

255 

..19             170.. 

..105,  139,  14fc 

256 

.  .26             470.  . 

..123 

257 

.  .49             199.  . 

..206 

LEGAL    DECISIONS 


231 


NEW  HAMPSHIRE 

Pages  of  this  volume 

258 

..59  N.  H.  473., 

.  .  .108,  138,  150,  155,  156,  158,  159,  180 

259 

..64             297., 

=4  N.  E.  529.     189 

260 

.  .  6  Fost.  470.  . 

..123 

NEW  JERSEY 

262 

.  .34N.J.  L.  308 

.  .=5  Vroora.  308.     120 

263 

.  .41             312.  . 

..129 

264 

..45             100.. 

..135 

267 

.  .  5    Vr.    308.. 

..120 

268 

..12              112.. 

..110 

268  a 

..17"              76.. 

..200 

268  b 

,.18              348.. 

..200 

NEW  YORK 

269 

.12  N.  Y.  170.. 

..110 

270    , 

.15             818.. 

..110 

271    . 

.18             282.. 

..135 

272    , 

.19             209.. 

273    . 

.32             489.. 

..206 

273  a. 

.38               58.. 

..134 

274    . 

.50             236.. 

..206 

275    . 

.50             473.. 

..121 

276    . 

.51              401.. 

.  . 

277    . 

.52               23.. 

278    . 

.67               36.. 

..Ill,  112 

279    . 

.68              114.. 

280    . 

.75             803.. 

..118 

281     . 

.85              185.. 

=39  Am.  Rep.  649.     118 

282    . 

103                65.. 

..114 

283    . 

.  3    Hill    612.. 

284    . 

.  4             168.. 

.   Ill 

286    . 

.13  Ab.  Pr.  159. 

..188 

286  a. 

.13              164.. 

..200 

287    . 

.18  N.S.    165.. 

289    . 

.  2  Barb.  290.. 

..132 

290    . 

.  3              115.. 

..109 

291    . 

.  6              608.. 

..171 

292    . 

.10             290.. 

..99.  124 

293    . 

.10             396.. 

232  COMMON    SCHOOL   LAW 


NEW  YORK 

Paget  of  thlt  vobtau 

294    ..13  Barb.  400... 

.168 

295    ..14             221... 

.170.  195,206 

296    ..21             252... 

.100 

297    ..23             176... 

.120 

298    ..49             455... 

.206 

299    ..63              177... 

.111 

300    .  .  5  Cowen  188.  . 

.  . 

300  a..  1  Denio  599... 

.206 

800b..                 117... 

.206 

801    ..3             175... 

.134 

802    ..34  How.  Pr.336. 

.  .  .135 

302  a..  40             249... 

.200 

803    ..67             372... 

.121 

805    ..3    Hun  177... 

.125,  137 

306    ..12             209... 

. 

807    ..19             109... 

.118,  134 

808    ..19             609... 

.135 

809    ..29             606... 

.105 

310    ..35             111... 

.110 

310  a.  .44             840.  .  . 

.155,  157 

811    ..57               33... 

.137 

812    ..63             389... 

.134 

813    ..2  Selk.  641... 

.171 

814    ..2  Wallace  77... 

.115 

315    ..16               36... 

.200 

316    ..  2  Wend.  287... 

.134 

817    ..7             181... 

.111 

318    ..11               90... 

.134,  185 

319    ..27               90... 

. 

320    ..  1  City  Hall  Rec  55.  ..  .171,  180 

821    ..27  KE.  968... 

.135 

NORTH  CAROLINA 

322    ..63  N.  C.      1... 

.182 

823    ..68             322... 

.180 

324    ..78              322... 

.182 

325    ..94             709... 

.200 

326    .  -2Dev.  &Bat.  365.  .=31  Am.  Dec.  416.    180,  18i 

LEGAL    DECISIONS 


NOBTH  CAROLINA 

Pdfftt  of  thit  volume 

828    . 

.  2  Ired.    50.... 

180 

880    . 

.  5  Jones   98.  ... 

111,  112,  185 

NORTH  DAKOTA 

381    . 

.44N.W.1002... 

.105,  107 

OHIO 

331  a. 

.  4  Ohio  561.... 

218 

332    . 

.17             402.... 

200,  206 

332  a. 

.19             178.... 

200 

333    . 

.19             184.... 

334    . 

.20               89.... 

110 

334  a. 

.21             211.... 

200 

335    . 

.21             666.  .  .  . 

206 

386    . 

.22             144.... 

110 

837    . 

.22              194.... 

106 

338    . 

.23             211.... 

138,  169 

339    . 

.26             421.... 

119.  137 

340    . 

.29               89.... 

138,  150,  155,  156,  159,  170,  206 

340  a. 

.29             161.... 

841    . 

.  4  Gin.  Law  Bui 

,81.... 

OREGON 

346    . 

.  3    Ore.    365.... 

120,  121 

349    . 

.48N.W.  393..  =252. 

PENNSYLVANIA 

350     . 

.  2    Pa.      28.... 

105 

351     . 

204.  .  .  . 

110 

352    . 

.22            1040.... 

137 

352  a. 

.36             315.... 

137 

853    . 

.43    St.    318.... 

120 

354    . 

.49             151.... 

187 

355    . 

.56             315.... 

355  a. 

.59             266....  171 

355  b. 

.59             151....  206 

356    . 

.69             103....  110 

357    . 

.89             395....  110 

358    . 

.  5  Pa.  L.  J.  R.  7 

'8....  180,  182,  187,  206.  211 

358  a. 

.  6  Gen.  Rep.  923....  136 

359    . 

.22  Pa  Ap.  1040. 

234  COMMON    SCHOOL    LAW 


PENNSYLVANIA 

Pages  of  this  vrtvine 

860     . 

.  7Phila.    23... 

361     . 

.10            490.... 

200 

362    . 

.  3  Pittsb  264.  .  .  . 

2O1 

364    . 

.  4S.&R.207.... 

109 

RHODE  ISLAND 

368     . 

.  2  R.  I.    120.  .  .  . 

134 

TEXNESEE 

375    . 

.  3  Tenn.  177.  .  .  . 

129 

377     . 

.  2Coldw.  181.. 

..105,  107 

379    . 

.  3  Head.  455.  .  .  . 

180,  182,  185,  188,  195 

380    . 

.  3  Leg.  Rep.  19. 

...195 

381    . 

.  5  Lea     525... 

.124,  138,  195 

383    . 

.10             344... 

.110 

384    . 

.10             525... 

.125 

385    . 

.12               30... 

.109 

386    . 

.12             486... 

.110 

387    . 

.10             219... 

.127 

TEXAS 

389    . 

.21  Tex.  Ap.  36. 

...182 

390    . 

.23             386... 

.173 

392    . 

.  4   S.W.  122.  .. 

.173 

393    . 

.  5              122... 

.182 

VERMONT 

395    . 

.12     Vt.    592... 

.105 

395  a. 

.17              780... 

.195 

396    . 

.16               42... 

.109 

396  a. 

.19             102... 

.180,  188 

397    . 

.20             487... 

.105.  107,  111,  130,  131,  182 

398    . 

.24             528... 

.111,  169 

399    . 

.26              115... 

.105 

400    . 

.27              646'... 

.103,  130 

401    . 

.27              755... 

.'08,  139,  153,  171,  195,  199,  2O6 

402    . 

.28             575... 

.105,106,  107,  130 

403    . 

.29              102... 

.180 

405    . 

.29              219... 

.i03,  130 

406    . 

.29             433... 

.105,  107 

407    . 

.29             463... 

, 

LEGAL    DECISIONS 


235 


VERMONT 

Pages  of  this  volume 

408" 

..30 

Vt.     586.  . 

..105 

409 

..32 

114.. 

..45,  174,  180,  182,  188 

410 

..32 

120.. 

..173                          [170,182,195, 

196,  206 

411 

..32 

224.. 

-76  Am.  Dec.  171.     150,155,156, 

158,  163, 

411  a 

..33 

219.. 

..20 

412 

..34 

270.. 

..107 

413 

..35 

520.. 

..106 

414 

..35 

623.. 

.  .105,  123 

415 

..37 

647.. 

..109 

416 

..38 

529.. 

..124,  125,  126 

417 

..38 

602.. 

..115 

417  a 

:.41 

317.. 

..20 

418 

..41 

353.. 

.  .105,  106.  123 

419 

..46 

452.. 

..loo,  106,  107,  130,  195,  199 

420 

..48 

444.. 

=  15  Am.  Law  Reg.  N.S.  570  ;  21  Am  Rep. 

133.     45,  111,  138,  150,  152, 

155,  200 

421 

..48 

473.. 

.  .138,  144,  195,  200 

422 

..50 

30.. 

..109,  118 

423 

..55 

61.. 

..107 

424 

..56 

551.. 

..111 

425 

..56 

556.. 

..115,  110,  iVi 

426 

..21 

957.. 

..123 

427 

..47 

381.. 

..130 

WEST 

VIRGINIA 

428 

.  .20W.  Va.  360 

....111 

WISCONSIN 

429 

..16 

Wis.     33.  . 

..112 

430 

..16 

316.. 

..111,  112 

430  a 

..24 

683.. 

..150 

430  b 

..21 

657.. 

..169 

431 

..25 

551.. 

..108 

432 

..35 

59.. 

=13  Am.  Law  Reg.  N  S.  692  :  17  Am.  Rep. 

741.     138,139,143,150,155, 

156,  159, 

16O,  165,  180 

433 

..88 

59., 

...198 

434 

..38 

100., 

,  .  .109 

435 

..40 

828., 

236  COMMON   SCHOOL    LAW 

WISCONSIN  Pages  of  this  volume 

436    .  .45  Wis.  150. .  =30  Am.  Rep.  706.     138, 139,  143,  170, 180 
182,  195,  196,  211 


437 

..60             651.. 

..115 

438 

..50             657.. 

..126 

439 

..51              554.. 

..109,  124,  126,  136 

440 

..63             234.. 

.  .145,  150 

441 

..76             177.. 

=44  N.  W.  967.     169 

UNITED  STATES 

443 

.  .10  Am.  Law  Reg.  N.  S.  366  

443 

.  .  1  Ware  *462, 

*91....109 

444 

..37  Am.  Rep.  123.  ..  .155 

445 

.  .46N.W.  1053. 

.=123.     Ill 

446 

..48               82.. 

=124.     Ill 

447 

.  .12  Com.  Law  Jour.  540  125 

ENGLAND 

448 

..11   Cox    400.. 

..187 

449 

.  .  2F.&F.202.  . 

.  .186,  187 

450 

.  .  4             656.. 

..180 

451 

..53  J.P.   743.. 

..186 

452 

.  .  1  Leach  368.  . 

453 

.  .18  L.J.Q.B334. 

...134 

454 

..28               25.. 

..13O 

455 

.  .  6Q.B.    682.. 

-.125 

455  a 

.  .13             225.  . 

..178 

455  b 

.  .23             305.  . 

..211 

455  c 

..24             283.. 

..211 

456 

..  6T.L.R.23.. 

..186 

457 

..8               78.. 

..171 

458 

..  8             299.. 

..171 

459 

.  .14L.T.  N.S.  863....  136 

460 

..  5    Rep.    92.. 

..171 

SUPERINTENDENTS'  DECISIONS 

IN  THE  STATE  OF  NEW  YORK 


These  are  referred  to  in  the  text  on  the  pages  named  by  D. 
with  the  number,  in  parenthesis.  Thus  (D.  3797;  means  decision 
No.  3797  in  this  table.  These  decisions  are  on  file  in  the  Depart- 
ment of  Public  Instruction,  at  Albany,  and  certified  copies  of 
any  of  them  are  furnished  at  15  cents  per  folio.  Since  1888,  the 
most  important  of  them  have  been  published  in  the  annual  reports 
of  the  superintendents,  and  those  here  cited  may  be  found  as 
follows  : 

3551  to  3657,  report  for  1888. 

3659   "  3737,        "     "    1889. 

3739  "  3824,        "     "    1890. 

3826   "  3913,        "      "    1891. 

3915   "  4021,        "     "    1892. 

4022   "  4128,        "     "    1893. 

4163i"4204,        "     "    1894 

4209  "  4311,        "     "    1895. 

Abstracts  of  all  decisions  are  published  from  month  to  month 
in  the  School  Bulletin. 

1665,  Pp.  108,  110  1803,  Pp.  108,  110 

1677,         110  1825,         108 

1682,          155  1831,          110 

1687,         155,  158,  200  1845,         115 

1695,         199  1864,         110 

1713,         123  1874,         155,  159 

1725,         197,  199  1907,  99 

1738,     •    110  1910,         111 

1753,         108,  110,  168  1919,         111 

1763,         168  1942,  99 

1798,         187  1960,         1W 

(987) 


238  STATE  OF  NEW  YORK 

1976,  P.  110  3698,  Pp,  177,  178 

1978,  135  3706,  118 

1982,  102  3707,  169 

1985,  168  3717,  120 

2003,     99  3732,  110 

2081,  108  3734,  106 

2114,  108,  110  3735,  114 

2139,  119  3750,  96 

2145,  107  3754,  135 

2194,  100  3758,  108 

2217,  108  3764,  119 

2294,  109  3768,  113 

2480,  102  3791,  118 

2523,  123  3794,  116 

3510,  99,  125,  132  3797,  113 

3520,  109  3803,  120 

3523,  117  3817,  97 

3524,  113,  138  3824,  110 
3565,  128  3829,  117 
3572,  102  3838,  122 
3575,  120  3840,  118 
3577,  169  3850.  113 
3582,  110  88531,  104 
3586,  110  3854,  107 

3596,  204  3861,  204 

3597,  90  3863,  100,  127,  189 
3603,  114  3864,  124,  135 
3614,     96  3865,  124 

3623,  117,  119  3866,  100 

3640,  111,  113  3886,  102 

3651,  169  3888,  115 

3653,  114  3889,  114 

3670,  105  3890,  113 

3678,  114,  127,  197,  199    3891,  201 

3679,  118  3892,  116,  117 
3686.  100  3898,  121 
3689,  204,  208  3917,  118 


SUPERINTENDENTS'  DECISIONS  230 

3928,  P.  99  4202,  P.  96 

3944,    113  4221,    121 

3959,    103  4244,    124 


3993, 

118 

4251, 

121 

4002, 

106 

4252, 

193 

4005, 

110 

4263, 

113 

4021, 

169 

4268, 

98, 

101 

4048, 

148 

4294, 

126, 

136,  138,  141 

4061, 

169 

4311, 

111 

4194, 

169 

4419. 

169 

4195, 

124,  128.  135 

REFERENCES  TO  STATUTE  LAWS 


These  are  referred  to  in  the  text  on  the  pages  named  by  a  num- 
ber in  parenthesis.     Thus  Ala.  (99)  means  the  99th  page  of  the 
last  edition  of  the  school  law  of  Alabama.     The  date  and  size  of 
the  edition  referred  to  are  given  after  the  name  of  each  State. 
Alabama.     1895.    8:255.    Pp.  99,  123,  125,  180 
Arizona.     1895.     8:61.     Pp.  98,  100,  103,  106,  108,  115,  121,  129, 

146,  147,  153,  156,  157,  158,  159,  169,  172,  174,  178,  187,  197, 

198,  200,  207 
Arkansas.     1895.    8:156.     Pp.  97, 107, 108, 110, 112, 115.  116, 123. 

129,  138,  144,  145,  168,  169,  200 
California.     1895.     8:178.     Pp.  100,  103,  108,  115.  118,  123.  129, 

135,  145,  146,  156,  157,  172,  174,  197,  198,  201,  202 
Colorado.     1895.     8:118.     Pp.  92,  106,  107,  138,  197,  198 
Florida.     1895.     8:111.     Pp.  95,  100,  102,  103,  106,  115,  116,  145, 

146,  180,  196,  200,  202 

Georgia.     1895.     12:37.     Pp.  100,  102,  103,  106, 135. 156.  168,200 
Idaho.    1895.    8:58.     Pp.  107,  108,  116,  125,  139,  174,  197 
Illinois.     1889.     8:62.     Pp.  106,  161,  162,  168,  190,  198,  199,  204 
Indiana.     1895.     8:334.     Pp.  134,  150,  153,  161,  176,  186,  189 
Iowa.     1892.     8:166 ;  Am.  1894,  8:7.     Pp.  106,  111,  115,  116,  117, 

126,  131,  138,  146,  150,158,161,168,  174,195,196,197, 198,  200 
Kansas.     1895.     8:161.     Pp.  95,  104,  105,  115,  145,  149,  197,  198, 

205 
Kentucky.     1895.     8:211.     Pp.  95,  96,  112,  118,  131,  138,  161, 

197,  200 

Louisiana.     1894.     8:119.     Pp.  95,  102,  103,  122,  123,  131,  197 
Maine.     1895.     8:45.     Pp.  117,  123,  125:  145,  146,  155,  156,  169, 

184,  200,  204 

Maryland.     1895.    8:43.    Pp.  108,  125,  131,  145,  161,  203 
Massachusetts.     1892.     8:101 ;    Am.   1896,   8:23.     Pp.  108,  195, 

157,. 161,  168,  174,  178,  196,  300,  212 
(840) 


REFERENCES   TO   STATUTE   LAWS  241 

Michigan.     1895.    8:146.    Pp.  95,  107,  108,  110,  115,  116.   128, 

161,  199 
Minnesota.     1895     8:111.     Pp.  101,  105,  106,  110,  112,  115,  116. 

118.  136  141,  155,  159,  161 
Mississippi.     1892.    8:48. 
Missouri.    1893.    8:187.    Pp.  106,  132,  139,  150,  161.  168,  174, 

177,  197,  200,  202,  206 
Montana.     1895     8:75.    Pp.  99,  100,  103,  104,  f08,  115,116, 123, 

135,  138,  145  146,  174,  189.  197,  202 
Nebraska.     1895.     8:153.    Pp.  95,  99,  102,  103, 106,115,125,138, 

195,  197,  198,  205      . 
Nevada.     1893.    8:40 ;  Am.  1895,  8:12.     Pp.  95,  115,  125,  155, 

177,  202 

New  Hampshire.     1895.     24:43      Pp.  159,  202 
New  Jersey.     1895.     8:226.     Pp.  92,  95.  103,  108,  109,  110,  115, 

116,  123,  129,  146,  161,  169,  174,  180,  197,  198,  200 
New  Mexico.    1895.     8:44.     Pp.  123 
North  Carolina.     1895.     8:62.     Pp.  100,  104,  115,  119,  123,  127, 

157,  174,  189,  196,  200,  202 
North  Dakota.     1893.    8:184.     Pp.  99, 102,104,107,108,115,116 

118,  123,  127,  139,  155,  156,  158,  168,  169,  196,  197,  198.  202, 

205 
Ohio.     1893.     8:192 ;  Am.  1894,  8:17.     Pp.  99,  100,  103,  106, 115, 

116.  138,  161,  174,  175,  197,  198,  205 
Oregon.     1893.    8:140.    Pp.  95,  99,  100,  103,  115,  116,  117,  145, 

146,  149,  151,  153,  155,  156,  158,  159,  174,  197,  200,  202 
Pennsylvania.     1896.16:401.     Pp.  95,  96,  100,  102,  103,105,108, 

109,  115,  116,  126,  127,  129,  145,  161,  180,  197,  198,  200 
Rhode  Island.     1896.     12:451.     Pp.  20,  95,  96,  97.  99,  103,  104, 

106,  108,  110,  125,  129,  131,  136,  138,  145,  157,  161,  168,  169, 

172,  193,  195,  200,  202,  204 
South  Carolina     1893.     8:56. 
South  Dakota.     1895.     16:60.     Pp.  92,  95,  99,  100.  102,  103.  108, 

115,  116,  117,  122,  123,  126,  127,  139,  155,  168,  202,  205 
Tennesee.     1895.     8:40.    Pp.  95,  118,  123,  126,  127, 129, 138,161, 

174,  195,  197,  198,  200 
Texas.     1895.     8:61.     Pp.  119,  123,  200 


242  COMMON    SCHOOL    LAW 

Utah.  1894.    8:34.     Pp.  92,  103,  105,  107,  108,  126,  127,  129,  146 

157,  169,  200,  205 

Vermont.  1888.  8:50.  Pp.  95, 103,  106,  107, 123,  152,  161,  174,196, 
Virginia.  1892.    8:184.     Pp.  95,  104,  108,  113,  115,  117,  119,  123, 

125,  129,  135,  145,  159,  197,  198,  200 
Washington.  1893.  8:162;  Am.  1895,  8:29     Pp.  92,  95,  100,  103, 

115,  123,  145,  146,  156,  169,  172,  198.  200 
West  Virginia.^  1894.     24:226;    Am.  1895,  8:3.      Pp.  105,  129, 

181,  169,  195,  200,  202 
Wisconsin.     1892.  8:240:  Am.  1895,  8:25.     Pp.  95,  100,  108, 114, 

115,  118  138,  139,  143,  159,  164,  169,  180 
Wyoming.    1895.  8:91.     Pp.  98,  115,  116,  118,  123,  129,  172,  200 


PART     III 

UNIFORM   EXAMINATION 
QUESTIONS 


UNIFORM  EXAMINATION  QUESTIONS 

from  the  beginning  to  and  including  those  for  March,  1896, 
\v«ien  School  Law  ceased  to  be  exclusively  a  first-grade  subject, 
with  answers  as  officially  given,  corrections  [in  brackets]  to  date, 
and  references  to  pages  of  this  manual. 

SEPTEMBER  3,  1887 

1.  State  three  ways  in  which  a  teacher  may  be 
licensed. 

By  State  superintendent  of  public  instruction  ;  by  school  com- 
missioners, or  other  officers  with  similar  functions ;  by  obtaining 
a  diploma  from  a  State  normal  school.  33,  89. 

2.  Mention  the  legal  holidays  in  this  State. 

January  1,  February  22,  May  30,  July  4,  first  Monday  in  Sep- 
tember, December  25,  any  general  election  day  in  this  State, 
every  Saturday  afternoon,  and  Thanksgiving  day.  [Add  Feb. 
12.  It  cannot  be  said  that  Saturday  afternoon  is  a  legal  holiday, 
more  than  Saturday  morning.  To  Thanksgiving  day  should  be 
added  Fast  days].  10,  116. 

3.  Is  a  teacher  authorized  to  hold  religious  exer- 
cises during  school  hours  ? 

A  teacher  has  no  authority  to  insist  upon  religious  exercises  of 
any  kind.  44,  166. 

4.  Has  the  teacher  authority  to  expel  a  pupil? 
To  suspend  ? 

No.  Yes  ;  the  teacher  may  suspend  for  the  day,  or  long 
enough  for  consultation  with  trustees.  37,  195. 

5.  What  legal  remedy  has  a  teacher  against  any 

(245) 


246  SCHOOL    LAW    OF    NEW    YORK 

person   who   creates   a   wilful   disturbance    during 
school  hours  ? 

He  may  enter  complaint  against  such  offender  before  any  jus- 
tice of  the  peace  of  the  county,  or  the  mayor  or  any  alderman, 
recorder,  or  other  magistrate  of  the  city,  wherein  the  offence  was 
committed.  172. 

OCTOBER  1,  1887 

6.  May  a  district  change  from  one  to  three  trus- 
tees? 

Yes.     28. 

7.  What  authority  has  a 'teacher  to  inflict  corporal 
punishment  ? 

The  same  authority  that  a  parent  has.  [But  it  should  be  noted 
that  decisions  against  the  teacher  when  matter  is  taken  into  the 
courts  are  becoming  very  common].  180-194. 

8.  What  does  the  law  require  of  a  teacher  before 
he  can  make  a  legal  contract  to  teach  a  common 
school  ? 

It  requires  him  to  have  an  tmexpired  license.     33,  105. 

9.  In  whom  is  the  authority  vested  to  regulate 
the  attendance  of  pupils,  the  course  of  study,  and 
the  selection  of  text-books  ? 

In  trustees  and  board  of  education.  37,  149;  43,  155  ;  44, 156. 
[But  in  districts,  text-books  are  selected  by  the  school  meeting.] 
44. 

10.  How  frequently  does  the  law  provide  that  the 
compensation  of   teachers   shall   become   due  and 
payable  ? 

As  often  as  the  end  of  each  calendar  month  of  the  term  of 
employment.  34,  119. 


UNIFORM    EXAMINATION    QUESTIONS  247 

NOVEMBER  5,  1887 

11.  What  vacancies  in  office  may  the  trustee  of  a 
school  district  fill  by  appointment  ? 

District  clerk  ;  district  librarian ;  and  district  collector.     30. 

12.  What  authority  has  a  teacher  over  pupils  on 
the  way  to  and  from  school  ? 

None.    45,  176. 

13.  Upon  what  basis  is  the  public  school  fund 
apportioned  (a)  to  the  counties  of  the   State  ?     (6) 
To  the  several  school  districts  of  a  county  ? 

(a)  The  number  of  schools  taught  by  duly  licensed  teachers 
for  the  prescribed  term  of  28  weeks,  and  upon  the  population  as 
shown  by  the  last  census.  [Now,  $100  for  every  qualified  teacher 
who  has  been  employed  160  days  ;  then  rest  according  to  popu- 
lation.] 10.  (b)  The  number  of  teachers  employed  for  at  least  28 
weeks  in  the  preceding  school  year,  the  number  of  children  of 
school  age  residing  in  the  district  on  the  30th  day  of  June,  pre- 
ceding, and  the  average  attendance  of  resident  pupils  at  the  dis- 
trict school  during  the  preceding  school  year.  [Now,  according 
to  aggregate  days  of  attendance.]  11.  See  No.  62. 

14.  What  relatives  is  a  trustee  prohibited  from 
hiring  as  teachers  ? 

Relatives  within  the  second  [now  of  any]  degree,  either  by 
blood  or  by  marriage,  viz. :  father,  mother,  grandfather,  grand- 
mother, son,  daughter,  grandson,  granddaughter,  brother,  or 
sister  34,  108. 

15.  What  power  has  the  trustee  of  a  school  dis- 
trict to   purchase  globes,  maps,  and  other  school 
apparatus  for  the  use  of  the  school  without  the  vote 
of  the  district  ? 

He  has  power  to  expend  for  such  purpose  sums  not  to  exceed 
§15  [now  §25]  in  any  one  school  year.  48. 


248  SCHOOL   LAW   OF   NEW   YOKK 

DECEMBER  3,  1887 

16.  (a)  "What  notice  to  voters  is  necessary  in  call- 
ing a  special  school  meeting?     (6)  What  matters 
can  be  legally  acted  upon  at  such  meeting  ? 

(a)  A  notice  specifying  when  and  for  what  purpose  the  meet- 
ing is  called,  to  be  given  to  each  voter  personally,  or  to  be  left 
at  his  place  of  residence  if  he  cannot  be  found,  at  least  five  days 
before  the  time  designated  for  the  meeting  ;  (b)  only  those  fully 
set  forth  in  the  notice.  20. 

17.  (a)  How  may  a  school  district  change  from 
three  trustees  to   one?    (6)  From   one  trustee  to 
three? 

(a)  By  resolution  adopted  by  a  majority  vote  at  an  annual 
school  meeting  ;  (b)  by  a  resolution  adopted  by  a  two-third  vote 
at  an  annual  school  meeting.  28,  29.  See  No.  6. 

18.  Has  a  trustee,   or  a  board  of  trustees,  the 
power  to  allow  the  use  of  the  schoolhouse  for  relig- 
ious meetings  against  the  wish  of  the  district  ? 

A  sole  trustee  has  that  power,  and  a  board  of  trustees  has  that 
power  if  no  one  of  its  members  dissents.  [But  this  may  not  be 
done  if  there  is  any  protest  in  the  district.]  32,  169. 

19.  How  many  days   must  elapse   between   the 
voting  of  a  tax  by  a  district  meeting  and  the  deliv- 
ery of  the  tax-list  and  warrant  to  the  collector  ? 

30  days.     26. 

20.  Can  a  teacher  make  up  lost  time  by  teaching 
on  a  holiday? 

He  can  if  he  have  the  consent  of  the  trustees  thereto  ;  other- 
wise he  cannot.  [Now  forbidden.  See  Nos.  11,  140.]  116. 


UNIFORM   EXAMINATION   QUESTIONS  249 

MARCH  14,  1888 

21.  Who  is  at  the  head   of  the  school  affairs  of 
the  State  ?     Of  the  county  ?     Of  the  school  district  ? 
Of  the  school  room  ? 

State  superintendent.  9.  School  commissioner.  14.  Trustee. 
28.  Teacher.  170. 

22.  State  briefly  the  provisions  of  the  law  of  1887 
relative  to  the  employment  and  pay  of  teachers. 

The  trustee  must  give  the  teacher  a  written  minute  of  the 
terms  agreed  on,  signed  by  the  trustee  ;  the  pay  of  teacher  shall 
be  due  and  payable  at  least  as  often  as  at  the  end  of  each  calendar 
month.  34,  113,  119. 

23.  What  is  the  salary  of  a  school  commissioner  ? 
How  may  it  be  increased  ? 

The  salary  is  $1,000,  with  $200  audited  by  supervisors  for 
expense  By  board  of  supervisors.  14. 

24.  State  within  what  degree  of  relationship  is  a 
trustee  prohibited  from  employing  a  teacher,  except 
by  vote  of  a  district  meeting. 

Second.  [Now  he  may  not  hire  within  any  degree.]  See 
No.  14. 

25.  State  the  provisions  of  the  new  law  in  respect 
to  the  school  out-buildings. 

See  the  law  in  the  school  register.    47. 
MA  T  5,  1888 

26.  How  can  a  common  school  district  change 
from  three  trustees  to  one  ? 

By  adopting,  at  an  annual  meeting,  by  a  majority  vote,  a 
resolution  that  the  district  change  from  three  trustees  to  one,  and 
afterward  dispensing  with  the  election  of  a  trustee  until  the  trus- 


250  SCHOOL   LAW   OP   NEW   YORK 

tees  then  in  office  vacate  their  office  by  reason  of  expiration  of 
term  for  which  they  were  elected,  or  otherwise.  28,  29.  See 
No.  17. 

27.  (a)  What  officers  apportion  the  public  moneys 
among  the  school  districts  ?     (6)  Upon  what  officer 
does  the  trustee  draw  orders  to  pay  teachers  that 
money  ? 

(a)  The  school  commissioners.  11.     (6)  The  supervisor.  14. 

28.  For  what  officers  may  women  vote  in  this 
State? 

School  district  officers. 
14,  21. 

29.  For  what  term  of  office  is  a  sole  trustee  elected  ? 
The  several  trustees,  when  a  district  changes  from 
one  trustee  to  three?     Each  of  the  three  trustees 
after  a  first  election  of  three  trustees  by  a  district  ? 

One  year.  One  for  1  year,  one  for  2  years,  and  one  for  3  years. 
3  years.  22. 

30.  What  is  the  ruling  of  the  department  of  pub- 
lic instruction  in  regard  to  the  teacher's  authority 
over  pupils  on  the  way  to  and  from  school  ? 

The  teacher  has  no  legal  control  over  the  pupil  before  reach- 
ing the  school  premises,  or  after  leaving  them  upon  dismissal. 
45,  167.  See  No.  12. 

A  UG  UST  15,  1888 

31.  How  may  a  trustee  be  legally  authorized  to 
employ  a  teacher  who  is  within  the  second  degree 
of  relationship  ? 

By  a  two-thirds  vote  of  an  annual  meeting  or  of  special  meet- 
ing called  for  that  purpose.  84.  See  Nos.  14,  24. 


UNIFORM    EXAMINATION   QUESTIONS  251 

32.  In  addition  to  being  a  resident  of  the  district 
and  of  full  age,  what  are  the  qualifications,  any  one 
of  which  entitles  a  person  to  vote  at  district  meet- 
ing?  - 

First, — being  entitled  to  hold  real  estate  under  the  laws  of 
New  York  and  either  owing  or  renting  real  estate  subject  to  tax- 
ation in  the  district. 

Second, — being  a  citizen  and  assessed  upon  the  last  completed 
assessment  roll  of  the  town,  for  personal  property  in  a  sum  not 
less  than  $50. 

Third, — being  a  citizen  and  the  parent  or  guardian  of  a  child 
of  school  age  who  has  attended  the  district  school  at  least  8 
weeks  during  the  preceding  school  year  and  who  still  resides 
with  such  parent  or  guardian.  [For  present  requirements  see 
page  20.] 

33.  Where  does  the  law  direct  that  the  bound- 
aries of  school  districts  shall  be  recorded  ? 

In  the  office  of  the  town  clerk  of  the  town  or  towns  in  which 
the  district  is  situated.  13,  17. 

34.  Who  are  authorized  to  fix  the  rate  of  tuition 
for  non-resident  pupils  ? 

Trustees  and  boards  of  education.     38,  55,  63. 

35.  What  schools  only  are  exempt  from  the  pro- 
visions of  the  law  requiring  schools  to  be  closed 
during  the  session  of  a  teachers'  institute  ? 

The  schools  of  incorporated  cities.  [Now,  and  of  union  free 
school  districts  with  population  exceeding  5,000.]  17,  116. 

36.  What  officer  has  power  to  remove  a  trustee 
or  member  of  a  board  of  education  from  office,  for 
cause  ? 

The  superintendent  ot  public  instruction.  [Now,  a  board  of 
education  also  has  power  to  remove  its  own  members.]  29,  64. 


252  SCHOOL   LAW   OF    NEW   YORK 

37.  Who  is  legally  responsible  for  the  safe  keep- 
ing of  the  school  register  ? 

The  teacher.  49,  122. 

38.  What  officer  has  authority  to  create  a  new 
school  district? 

The  school  commissioner.   17. 

39.  When  is  the  beginning  and  when  is  the  close 
of  the  school  year  ? 

The  school  year  begins  August  21  and  ends  August  20. 
[Now,  see  pp.  viii,  19.] 

40.  What   is   the  time   for  holding   the  annual 
school  meeting? 

The  last  Tuesday  in  August  and  at  7:00  p.  M.  if  no  other  hour 
has  been  fixed  by  the  district.  [Now,  the  first  Tuesday  in 
August.]  19. 

MARCH  13,  1889 

41.  (a)  Who  is  the  superintendent  of  public  in- 
struction  elect?     (6)   What   is   the    length   of  his 
term  of  office  ?    (c)  When  was  he  elected  ?   (d)  How 
was  he  elected  ? 

(a)  Andrew  S.  Draper.  [Now  (1896),  Charles  R.  Skinner].  (6) 
3  years.  9.  (c)  February  14,  1889.  [February  8,  1895]  9.  (d) 
By  joint  ballot  of  the  senate  and  assembly.  9. 

42.  Give  three  causes  for  which  a  school  commis- 
sioner may  annul  a  teacher's  certificate. 

For  immoral  conduct,  for  lack  of  ability  to  govern  and  instruct 
a  school,  for  lack  of  educational  qualifications  as  shown  by  re-ex- 
amination upon  failure  in  the  work  of  teaching,  for  fraud  or  col- 
lusion at  examination,  etc.  [Now,  only  for  immoral  conduct.] 
16, 101. 


UNIFORM    EXAMINATION    QUESTIONS  253 

43.  What  is  a  joint  school  district? 

A  district  that  is  situated  in,  i.  e  ,  embraces  part  of, — two  or 
more  commissioner  districts.  15. 

44.  Under  the  supervision  of  what  school  com- 
missioner is  the  school  in  a  joint  school  district  ? 

Under  the  supervision  of  the  school  commissioner  in  whose 
district  the  schoolhouse  is  situated.  15. 

45-6.  (a)  What  is  the  least  time  that  a  public 
school  must  be  taught  each  school  year,  to  entitle  it 
to  share  in  the  public  school  moneys  ?  (6)  What 
days  upon  which  school  is  not  actually  taught  may 
be  taken  as  part  of  such  time  ? 

(a)  28  weeks.  [Now  32].  10.  (b)  Legal  holidays  occurring 
upon  regular  school  days  of  said  term,  and  time  spent  by  the 
teacher  in  attendance  upon  a  teachers'  institute,  not  to  exceed 
3  weeks  of  said  term.  10,  116.  See  Nos.  2,  20. 

47.  Who  is  responsible  for  the  safe  keeping  of  the 
school  register  during  the  term  of  school  ? 

The  teacher.     49,  122.     See  No.  37. 

48.  What  defines  and  limits  the   business   that 
may  be  brought  before  a  special  school  meeting  ? 

The  regular  call  for  the  special  meeting.  20.     See  No.  16. 

49.  How  long  a  time  must  a  teacher  have  taught, 
to  be  eligible  to  a  certificate  of  the  second  grade  ? 
To  one  of  the  first  grade  ? 

To  be  eligible  to  a  certificate  of  the  second  grade,— one  term  of 
at  least  12  weeks.  [Now  10  weeks.]  90.  To  one  of  the  first 
grade, — at  least  2  years.  91. 

50.  What  is  the  regulation  of  the  department  of 


254  SCHOOL   LAW   OF   NEW   YORK 

public  instruction   in   regard   to   the  endorsing  of 
teachers'  certificates  by  school  commissioners  ? 

Commissioners'  certificates  of  either  the  first  grade  or  the 
second  grade  may  be  endorsed  by  other  commissioners,  and  thus 
be  made  valid  for  their  respective  commissioner  districts.  [Now 
good  throughout  the  State.]  90,  91. 

MARCH  5,  1890 

51.  What  is  the  minimum  age  required  as  a  qual- 
ification for  teachers  in  the  State  of  New  York  ? 

16  years.    33,  108. 

52.  Mention  three  things  required  to  be  set  forth 
in  the  memorandum  of  contract  to  be  delivered  by 
a  trustee  to  a  teacher  employed  by  him. 

The  term  of  employment,  the  rate  of  compensation,  and  the 
times  of  payment.  114. 

53.  How  many  weeks  each  school  year  must  a 
public  school  be  taught  in  order  to  entitle  it  to  share 
in  the  distribution  of  the  public  moneys  ? 

32  weeks.     10. 

54.  The  attendance  of  what  pupils  is  rejected  in 
computing  the   aggregate  attendance  upon  which 
public  money  is  apportioned  ? 

Non -resident  pupils,  and  resident  pupils  under  5  and  over  21 
years  of  age.  37. 

55.  What  penalty  is  prescribed  for  the  wilful  viola- 
tion of  a  contract  by  a  teacher  ? 

Revocation  of  certificate.     103,124. 

56.  Where  should  school  commissioners  cause  the 
boundaries  of  school  districts  to  be  recorded  ? 


UNIFORM   EXAMINATION   QUESTIONS  255 

In  the  office  of  the  town  clerk  of  the  town  in  which  the  district 
is  situated.  17.  See  No.  33. 

57-8.  Is  a  trustee  prohibited  from  employing  as 
a  teacher  (a)  his  niece?  (6)  his  wife's  sister?  Give 
reasons  for  your  answers. 

(a)  No.  A  niece  is  not  within  the  second  degree  of  relation- 
ship. [Now,  yes.]  34,  108.  (b)  Yes.  A  wife's  sister  is  within 
the  second  degree  of  relationship,  by  affinity  or  marriage. 
[There  is  no  longer  any  degree,  but  all  relatives  are  excluded.] 
34,  108.  See  Nos.  14,  24,  31. 

59-60.  By  what  official  are  appointments  made 
to  fill  vacancies  occurring  in  the  office  (a)  of  school 
commissioner?  (6)  of  district  trustee?  (c)  of  .district 
clerk  ?  (d)  of  district  collector  ? 

(a)  County  judge.  14.  (b)  School  commissioner.  29.  See  No. 
72.  (c)  Trustees.  30.  (d)  Trustees.  30.  See  No.  11. 

A  UG  UST  20,  1890 

61.  What  remedy  has  a  teacher  from  whom  a 
certificate  is  unjustly  withheld  by  a  school  commis- 
sioner, or  whose  certificate  has  been  annulled  by  the 
same  authority,  without  good  cause  ? 

The  teacher  may  appeal  from  the  decision  of  the  school  com- 
missioner to  the  State  superintendent  of  public  instruction.  98, 
104. 

62.  Upon  what  two  bases  are  the  public  school 
moneys  apportioned  to  the  several  school  districts  ? 
What  change  in  the  law  has  recently  been  made  in 
regard  to  the  amount,  or  manner  of  apportioning, 
on  one  of  these  bases  ? 

1.  The  number  of  teachers  employed  in  the  district  for  at 


256  SCHOOL    LAW   OF    NEW    YORK 

least  32  weeks  during  the  school  year.     2.  The  aggregate  attend- 
ance of  pupils  of  school  age  residing  in  the  district.  10,  11. 

Each  teacher's  quota  is  made  §100,  without  regard  to  the 
amount  of  money  to  be  divided.  10.  See  No.  13. 

63.  By  what  authority  may  a  pupil  residing  in 
one  district  be  allowed  to  attend  school  in  another  ? 
Who  fixes  the  rate  of  tuition  ? 

The  permission  of  the  trustee  or  board  of  education  of  the  dis- 
trict whose  school  he  desires  to  attend.  The  trustee  fixes  the 
rate  of  tuition.  38,  55.  See  No.  34. 

64.  What  are  the  limits  of  school  age  as  defined 
by  the  law  of  this  State  ? 

5  years  and  21  years.     See  No.  54. 

65.  State  the  causes  for  which  a  school  commis- 
sioner may  annul  a  teacher's  certificate. 

For  immoral  character.  For  wilfully  refusing  or  neglecting 
to  comply  with  the  provisions  of  the  school  law  or  regulations  of 
superintendent  of  public  instruction.  For  lack  of  competency 
to  properly  govern  or  instruct  a  school.  For  habitual  conduct 
unbecoming  a  lady  or  a  gentleman.  See  No.  42. 

66.  Give  three  duties  of  a  school  trustee. 

Answers  may  vary.     28-50. 

67.  How  may  a  schoolhouse  unfit  for  school  pur- 
poses be  condemned  ? 

By  the  written  order  of  the  school  commissioner.     15. 

68.  To  what  amount  has  the  school  commissioner 
the  right  to  order  needed  repairs  upon  a  schoolhouse, 
when  the  district  neglects  or  refuses  to  make  such 
repairs. 

$200.  16. 


UNIFORM   EXAMINATION   QUESTIONS  257 

69.  By  what  several  authorities  may  teachers  be 
legally  qualified  to  teach  in  the  public  schools  in 
the  State? 

The  State  superintendent  of  public  instruction.  A  school 
commissioner.  Boards  of  education  or  their  agents,  when  em- 
powered by  special  act  of  the  legislature.  33,  89. 

70.  How  are  school  commissioners  elected  ?     For 
how  long  ?     When  does  the  next  general  election  of 
school  commissioners  occur?     On   what  date  will 
those  then  elected  assume  the  duties  of  their  office  ? 

By  vote  of  the  people  of  their  respective  districts.  For 

3  years.    Nov.  4,  1890.     [Nov.,  1896.]    Jan.  1,  1891.     [Jan.  1, 
1897.]  14. 

MARCH  4,  1891 

71.  What   is  meant  by  "  district  quota "  in  the 
apportionment  of   school    money?     What    is    its 
amount  ? 

The  amount  of  money  apportioned  to  the  several  school  dis- 
tricts by  the  State  superintendent  of  public  instruction,  based 
upon  the  number  of  qualified  teachers  employed  for  32  weeks  of 
5  school  days  each  during  the  year.  $100.  10.  See  Nos.  13,  54, 
62. 

72.  How  is  a  vacancy  filled  in  the  office  of  trustee 
of  a  common  school  district  ? 

By  election  in  the  district  within  30  days,  but  after  such  time 
the  school  commissioner  may  appoint.  29.  See  No.  59. 

73.  What  authority  has  a  school  commissioner  in 
the  matter  of  school  furniture  ? 

He  may  direct  the  trustee  to  make  any  alterations  or  repairs 
to  school  furniture,  or  when  in  his  opinion  any  furniture  is  unfit 
for  use  and  not  worth  repairing,  or  when  sufficient  furniture  is 


258  SCHOOL    LAW    OF    NEW   YORK 

not  provided  he  may  direct  that  new  furniture  shall  be  provided 
as  he  may  deem  necessary,  provided  that  the  expense  of  such 
alterations,  repairs,  or  additions  to  furniture  shall  not,  in  any  one 
year,  exceed  the  sum  of  §100.  16. 

74.  What  provision  is  made  by  law  to  prevent 
a  trustee  from  giving  a  teacher  an  order  on  the  col- 
lector when  there  are  no  funds  in  the  hands  of  the 
collector  sufficient  to  meet  the  same  ? 

It  is  a  misdemeanor.  46. 

75.  What  is  the  shortest  period  of  time  for  which 
a  teacher  may  be  employed,  unless  for  the  purpose 
of  filling  out  an  unexpired  term  of  school  ? 

10  weeks.  34,  114. 

76.  If  a  teacher  is  unjustly  dismissed   during  the 
term  of  employment,  what  is  his  remedy  ? 

An  appeal  to  the  State  superintendent  of  public  instruction,  or 
a  civil  action  in  court.     134. 

77.  What  penalties  may  be  imposed  if  trustees 
fail  to  comply  with  the  law  in  regard  to  health  and 
decency  ? 

The  trustees  may  be  removed   from   office,  and  the  public 
money  may  be  withheld  from  the  district.  29.     See  No.  35. 

78.  For  what  amount  may  a  school  commissioner 
order  repairs  upon  a  schoolhouse  ? 

$200.  16.     See  Nos.  68,  73. 

79.  What  day  is  fixed  by  law  for  Arbor  Day  ? 
The  Friday  following  the  first  day  of  May.     66. 

80.  Upon  what  basis   do   school   commissioners 
apportion  the  school  moneys  allotted  to  each  county  ? 

Upon  the  number  of  duly  licensed  teachers  employed  for  the 


UNIFORM   EXAMINATION   QUESTIONS  259 

legal  term,  and  upon  the  aggregate  number  of  days  of  attend- 
ance. [Now,  upon  the  latter  only,  as  the  State  superintendent 
assigns  the  district  quota.]  11.  See  Nos.  13,  54,  62 

AUGUST  19,  1891 

81.  What  penalty  does  the  law  impose  for  the 
employment  of  a  teacher  not  legally  qualified  ? 

No  public  money  can  be  apportioned  for  such  teaching.  83. 
But  see  107. 

82.  What  three  provisions  must  be  included  in 
the  memorandum  of  employment  given  to  teachers 
by  trustees  ? 

Term  of  employment,  rate  of  compensation,  and  when  pay- 
able. 114.  See  Nos.  52,  138. 

83.  In  the  apportionment  of  school  moneys,  what 
provision  is  designed  (a)  to  encourage  the  employ- 
ment of  a  sufficient  number  of  teachers  ?  (6)  to  in- 
crease the  attendance  of  pupils  ? 

(a)  The  district  shall  receive  a  district  quota  of  §100  for  every 
qualified  teacher  who  teaches  in  that  district  32  weeks  of  5  school 
days  each,  during  the  school  year.  10.  (b)  The  apportionment 
upon  aggregate  attendance  of  pupils.  11.  See  Nos.  13,  54,  62, 
80,  83,  156. 

84.  For  how  long  a  time  may  a  pupil  be  suspend- 
ed from  school  (a)  by  the  teacher?  (6)  by  the  trus- 
tee? 

(a)  Temporarily,  subject  to  the  action  of  the  local  school 
authorities.  195.  (6)  Until  the  pupil  shall  have  complied  with 
reasonable  requirements.  203.  See  No.  4. 

85.  Why  is  the  attendance  of  resident  pupils  of 
school  age  required  to  be  kept  separate  from  the 


260  SCHOOL   LAW   OF   NEW   YORK 

attendance  of  non-resident  pupils  and  those  not  of 
school  age  ? 

Because  attendance,  as  a  basis  for  the  apportionment  of  public 
money,  must  include  only  that  of  resident  pupils  of  school  age. 
11,  37.  See  Nos.  54,  62. 

86.  What  grade  of  commissioners'  certificates  can 
be    renewed   without    reexamination  ?     Why   this 
regulation  ? 

(a)  First  grade.  (6)  It  is  a  recognition  of  the  superior  quali- 
fications demanded  for  that  grade.  91. 

87.  A  school  is  closed  for  a   teachers'  institute. 
How  should  the  teacher  give  the  district  credit  for 
that  week's  attendance,  in  the  aggregate  for  the 
term? 

Find  the  daily  average  attendance  for  the  term,  multiply  this 
by  the  number  of  days  the  school  was  closed,  and  enter  the  pro- 
duct in  the  column  for  the  total  for  institute  week.  17. 

88.  What   school  officers  can  take  the  teachers' 
affidavit  to  the  correctness  of  the  register  ? 

School  commissioner  and  district  clerk.  122. 

89.  How   can   commissioners'  certificates  of  the 
first  and  second  grades  be  made  valid  in  a  commis- 
sioner district  other  than  that  in  which  they  were 
granted  ? 

By  endorsement  by  the  commissioner  in  whose  district  the 
holders  are  to  teach.  [No  longer  needed.]  90.  See  No.  50. 

90.  What  security  is  provided  against  the   em- 
ployment of  teachers  of  immoral  character  ? 

The  commissioner  is  empowered  to  withhold  certificates  from 
such  persons,  and  to  annul  those  already  granted.  96,  99.  See 
Nos.  42,  61,  65. 


UNIFORM    EXAMINATION    QUESTIONS  261 

MARCH  2,  189S 

91.  Upon  what  principle  does  the  State  levy  taxes 
for  the  support  of  free  schools  ? 

The  safety  and  prosperity  of  the  State  depend  upon  intelli- 
gent citizenship.  157,  213. 

92.  By  whom  are  vacancies  filled,  in  the  office  of 

(a)  school  commissioner ?     (6)  district  trustee? 

(a)  By  the  county  judge,  or  by  the  people  at  a  general  election. 
14.  (b)  By  the  voters  of  the  district,  or  by  the  school  commis- 
sioner. 29.  See  Nos.  59,  60,  72. 

93.  What  is  the  shortest  term  for  which  a  teacher 
may  be  employed,  except  it  be  to  fill  out  an  unex- 
pired  term  ? 

10  weeks.    34,  114.     See  No.  75. 

94.  For  what  purpose  only  may  trustees  use  the 
money  received  from  the  State,  aside  from  the  library 
money  ? 

For  the  payment  of  teachers'  wages.    46. 

95.  How   may  the  amount  of  school  money  re- 
ceived from  the  State  be  increased  (a)  by  the  trus- 
tees? (6)  by  the  patrons  of  the  school? 

(a)  By  employing  additional  teachers  for  the  legal  term.  10. 

(b)  By  increasing  the  aggregate  attendance.  11.     See  No.  83. 

96.  Name  all  the  regular  legal  holidays  occurring 
during  the  year. 

New  Year's  Day,  Washington's  Birthday,  Decoration  Day, 
July  4th,  Labor  Day,  General  Election  Day,  Thanksgiving  Day, 
Christmas.  [Now,  also  Lincoln's  Birthday.]  10.  See  No.  2. 

97.  What  power  has  the  school  commissioner  in 


2ti2  SCHOOL    LAW    OF    NEW    YOKK 

regard    to    (a)  repairs   upon   the   schoolhouse  ?  (6) 
school  furniture  ? 

(a)  He  may  order  repairs  to  the  amount  of  $200.  (5)  He  may 
direct  the  purchase  of  new  furniture,  or  order  repairs  on  the  old 
furniture,  to  an  amount  not  exceeding  $100  in  any  one  year.  16. 
See  Nos.  68,  73. 

98.  (a)  When   a   district  has   three  trustees,  for 
what  length  of  time  is  each  elected  ?     (6)  For  what 
length  of  time  is  a  sole  trustee  elected  ? 

(a)  3  years.     (6)  1  year.  22.     See  No.  29. 

99.  By  whom  is  the  amount  to  be  paid  for  teach- 
ers wages  fixed  ? 

By  the  trustees.    33,  110. 

100.  What  penalty  is  prescribed   for  the  wilful 
violation  of  a  contract,  by  a  teacher  ? 

The  revocation  of  his  certificate.     34,  103, 124.     See  No.  55. 
AUGUST  17,  1892 

101.  What  amount  of  money  may  a  district  trus- 
tee or  trustees  expend  in  one  year,  without  a  vote  of 
the  district  (a)  for  maps,  globes,  charts  or  other  ap- 
paratus? (6)  for  repairs? 

(a)  $15  ,  (b)  $20.     [Now,  (a)  $25 ;  (J)  $50.]    48.     See  No.  15. 

102.  What  is  the  provision  of  law  in  regard  to 
school  trustees  being  interested  in  contracts  for  work 
to  be  done  on  school  property  ? 

They  are  prohibited  from  being  so  interested.  50. 

103.  What  is  the  provision  of  law  in  regard  to 
common  school  district  trustees  employing  a  rela- 
tive as  teacher  ? 


UNIFORM   EXAMINATION   QUESTIONS  263 

They  cannot  employ  a  relative  within  two  degrees  [now,  of 
any  degree]  of  relationship  without  a  [a  f  ]  vote  of  the  district.  34, 
108.  See  Nos.  14,  24,  31,  57. 

104.  (a)  When  does  the  school  year  end?     (6) 
What  is  the  date  of  the  annual  school  meeting  ? 

(a)  July  25  [now,  July  31] ;  (b)  First  Tuesday  in  Augast.  viii, 
19,  50.  See  Nos.  39,  140,  148. 

105.  (a)  What  university  has  free  State  scholar- 
ships which  are  granted  on  examination  ?     (by  How 
many  may  be  awarded  annually  ? 

(a)  Cornell  University  ;  (5)128.  [Not  changed  Jan.  1, 1896.]  73. 

106.  (a)  What   is   the   least   time   for   which   a 
teacher  may  be  employed,  except  to  fill  out  an  un- 
expired  term  ?     (6)  For  how  many  weeks  in  any 
school  year  must  a  district  school  be  taught  ? 

(a)  10  weeks.  34.  See  Nos.  75,  93,  170.  (b)  32  weeks.  10. 
See  Nos.  45,  53. 

107.  How  are  vacancies  filled  in  the  office  of  (a) 
school  commissioner  ?  (b)  district  trustee  ?  (c)  district 
collector  ? 

(a)  By  appointment  by  the  county  judge.  14.  See  Nos.  59, 
92.  (b)  By  the  voters  of  the  district,  if  within  one  month  ;  other- 
wise the  school  commissioner  may  fill  the  vacancy.  29.  See  Nos. 
59,  72,  92.  (c)  District  trustee  or  trustees.  30.  See  Nos  11,  59. 

108.  (a)  What  is  meant  by  the  legal  term  "  un- 
qualified teacher  "  ?     (6)  What  is  the  provision  of 
law  in  regard  to  the  payment  of  the  wages  of  such 
teacher  ? 

(a)  A  teacher  who  does  not  hold  an  unexpired  certificate  of 
qualification ;  33,  89.  (b)  No  public  money  can  be  paid  to  such 
teacher.  33,  107.  See  No  81. 


264  SCHOOL  LAW  OP  NEW  YORK 

109.  For  what  school  officers  may  women  in  this 
State  vote  ? 

,  All  school  district  officers.     14,  21. 
See  No.  28. 

110.  What  authority  determines  (a)  the  choice  of 
a  teacher  for  the  public  school  ?  (6)  the  amount  of 
wages  ?  (c)  the  text-books  to  be  used  ? 

(a  and  b)  the  trustee,  trustees,  or  board  of  education.  33,  63, 
110.  See  No.  99.  (c)  The  district  meeting  [in  districts,  but  in 
union  schools  and  cities  the  board  of  education].  55.  See  No.  9. 

MARCH  8,  1893 

111.  If  school  be  taught  upon  a  legal  holiday  the 
attendance  for  that  day  must  not  be  included  in  the 
aggregate  attendance,  nor   reported   to   the  school 
commissioner.     Why  ? 

Because  a  public  school  cannot  be  legally  taught  on  a  legal 
holiday.  10,  116.  See  Nos.  20,  45. 

112.  When  only  is  a  school  commissioner  author- 
ized to  grant  a  temporary  license  ? 

In  cases  where  public  convenience  absolutely  requires  it,  and 
applicants  shall  present  satisfactory  reasons  for  not  having  been 
present  at  a  regular  examination.  [Now,  he  can  only  recom- 
mend.] 94. 

113.  What  questions  only  can  be  legally   acted 
upon  at  a  special  school  meeting  ? 

Only  those  mentioned  in  the  call  for  such  meeting.  20.  See 
Nos.  16,  48. 

114.  State  the  length  of  term  for  which  each  of 
the  following  certificates  respectively  must  be  grant- 


UNIFORM   EXAMINATION   QUESTIONS  265 

ed :   (a)   third   grade ;  (b)   second   grade ;  (c)   first 
grade ;  (d)  State. 

(a)  Six  months.  [Now,  one  year.]  90.  (b)  Two  years.  90. 
(c)  Five  years.  91.  (d)  For  life.  94.  See  No.  166. 

115.  In  whom  is  vested   the   power  to  fix  the 
amount  to  be  paid  (a)  for  teachers'  wages  ?  (£>)  for  a 
site  for  a  schoolhouse  ? 

(«)  The  trustee,  trustees,  or  board  of  education.  33,  63,  110. 
See  Nos.  99,  110.  (b)  The  people  voting  at  a  school  meeting.  23. 
See  No.  175. 

116.  How  may  a  trustee  of  a  common  school  dis- 
trict be  authorized  to  employ  a  teacher  within  a 
prohibited  degree  of  relationship  ? 

By  a  £  vote  of  a  school  meeting.  34.  See  Nos.  14,  24,  31,  57, 
103. 

117.  What   qualifications  have  been  prescribed 
for  admission  to  teachers'  training  classes  under  the 
supervision  of  the  State  department  of  public  instruc- 
tion? 

The  candidate  must  be  16  years  of  age,  must  hold  a  certificate 
of  the  first,  second  or  third  grade,  granted  under  the  uniform 
system  of  examinations,  or  he  must  hold  a  Regents'  preliminary 
certificate  and  a  pass-card  in  physiology.  [For  present  regula- 
tions, see  pages  79,  80.] 

118.  The  attendance  of  what  pupils  must  not  be 
included  in  the  aggregate  attendance  as  the  basis 
for  the  apportionment  of  public  money  to  the  dis- 
trict? 

Non-resident  pupils  and  those  under  5  or  over  21  years  of 
age  37.  See  Nos.  54,  62,  64,  85. 


260  SCHOOL  LAW  OF  NEW  YORK 

119.  (a)   When  is  a  teacher   required  to  make 
affidavit  to  the  correctness  of  the  school  register? 
(6)  why  does  the  law  make  such  affidavit  necessary  ? 

(a)  Before  receiving  any  payment  for  services  rendered.  49, 
122.  (b)  Because  the  correctness  of  the  apportionment  of  the 
school  moneys  by  school  commissioners  depends  upon  the  accuracy 
of  the  records  of  attendance.  11. 

120.  Where  is  the  authority  to  adopt  text-books 
vested  :  (a)  for  use  in  a  union  school ;  (6)  in  a  com- 
mon school? 

(a)  In  the  board  of  education.  55.  (6)  In  the  district  meeting. 
44.  See  Nos.  99,  110. 

A  UO  UST  16,  1893 

121.  In  a  district  having  more  than  one  trustee, 
what  procedure  is  necessary  to  legally  hire  a  teacher  ? 

At  least  a  majority  of  the  trustees  must  meet  as  a  board  after 
due  and  timely  notice  to  all  of  them,  and  acting  as  a  board  enter 
into  a  contract  with  a  teacher.  110. 

122.  Who  are  eligible  to  the  office  of  school  com- 
missioner?    Who   are   entitled  to  vote  for   school 
commissioner  ? 

Any  citizen,  male  or  female,  21  years  of  age  or  upwards,  and 
a  resident  of  the  county.  All  citizens,  male,  having 

the  qualifications  as  to  age  and  residence  prescribed  for  voters  at 
an  election  for  other  officers.  14.     See  Nos.  28,  109. 

123.  Give  the  qualification  of  voters  at  a  district 
meeting  as  to  (a)  sex  ;  (6)  property. 

(a)  Male  or  female.  21.     (b)  Must  own  or  rent  real  estate  liable 
to  a  tax  for  school  purposes,  or  must  be  assessed  on  the  last  com- 
pleted assessment-roll  of  the  town  for  not  less  than  $50.     20,  21 
See  No.  82. 


UNIFORM   EXAMINATION   QUESTIONS  267 

124.  What  is  the  date  of  the  annual  school  meet- 
ing as  fixed  by  the  last  legislature  ? 

The  fourth  [now,  the  first]  Tuesday  in  August  of  each  year, 
viii,  19.  See  No.  40. 

125.  Name  three  provisions  of  the  "  Health  and 
Decency  Act". 

Answers  will  differ.  47.     See  Nos.  25,  77,  177. 

126.  What  authority  determines  the  number  of 
hours  a  teacher  must  teach  daily?     What  is  the 
redress  for  abuse  of  such  authority  ? 

The  trustees  or  the  board  of  education.  37,  144.  An  appeal 
to  the  State  superintendent  of  public  instruction.  9. 

127.  When  is  a  teacher  qualified  to  contract  with 
a  trustee  to  teach  a  school  ? 

When  he  is  the  holder  of  a  valid  certificate  for  an  unexpired 
term  sufficient  to  cover  the  time  covered  by  the  contract.  33, 
105-107.  See  No.  108,  174. 

128.  How  must   a   district   collector  proceed  in 
order  to  obtain  from  the  supervisor  of  the  town  the 
public  money  apportioned  to  the  district  ? 

He  must  give  good  and  sufficient  bonds,  approved  by  the 
trustee  of  the  school  district.  25. 

129.  Give  the  method  of  procedure  in  computing 
the  aggregate  attendance  for  institute  week  in  cases 
where  the  institute  is  held  during  a  term  of  school. 

Find  the  average  daily  attendance  for  the  term  of  school  during 
which  the  institute  is  held ;  multiply  this  average  by  the  number 
of  days  the  school  was  closed  on  account  of  the  institute.  17. 
See  No.  87. 

130.  Give  three  items  to  be  entered  in  the  school 


268  SCHOOL   LAW   OF   NEW   YOKK 

register  by  the  teacher,  and  which  are  a  part  of  the 
trustee's  annual  report  to  the  school  commissioner. 
Answers  will  differ.  122.     See  No.  119. 
MARCH  2,  1894 

131.  (a)  What  is  the  minimum  length  of  time 
that  a  public  school  must  be  taught  to  entitle  it  to 
share  in  the  public  moneys  ?     (6)  Upon  what  two 
additional  items  does  its  right  to  a  share  of  the  pub- 
lic moneys  depend  ? 

(a)  160  days,  inclusive  of  legal  holidays  and  institute  week, 
and  exclusive  of  Saturdays.  10.  See  Nos.  45,  58.  (6)  A  quali- 
fied teacher  must  have  been  employed.  33.  The  trustee  must 
have  made  his  report  to  the  school  commissioner  within  the  time 
specified  by  law.  50. 

132.  Give  two  reasons  why  the  school  register 
should  be  accurately  kept. 

It  is  the  record  for  the  district.  It  furnishes  the  data  for  the 
trustees'  report  to  the  school  commissioner.  Upon  this  report 
the  apportionment  of  public  money  depends.  (Other  correct 
answers  accepted.)  11,  50,  122.  See  Nos.  119,  130, 178. 

133.  In  a  school  district  not  having  a  board  of 
trustees  what  officer  is  virtually  treasurer  of  the  dis- 
trict ?     Give  reason  for  your  answer. 

The  district  collector.  Because  by  giving  sufficient  bond  he 
can  withdraw  from  the  hands  of  the  supervisor  all  moneys  be- 
longing to  the  district,  and  hold  them  in  addition  to  the  money 
collected  by  tax.  [A  treasurer  is  now  optional.]  28. 

134.  What  length  of  experience  in  teaching  is 
required  of  candidates  for  (a)  State  certificates  ;  (£>) 
certificates  of  the  first  grade ;  (c)  certificates  of  the 
second  grade? 


UNIFORM   EXAMINATION   QUESTIONS  269 

(a)  2  years.  92.  (b)  2  years.  91.  (c)  16  [now  10]  weeks.  90. 
See  No.  166. 

135.  A  pupil  has  been  suspended  from  school. 
When  must  the  teacher  again  admit  him  to  school  ? 

When  the  pupil  shall  have  received  the  trustees'  consent  to 
his  return.  195.  See  No.  4. 

136.  What  three  district  offices  may  be  filled  by 
the  trustees  in  case  a  vacancy  occur  therein  ? 

Clerk,  collector,  and  librarian.  30     See  Nos.  11,  59,  107. 

137.  In  case  of  a  special  school  meeting   what 
business  may  be  transacted  ? 

Only  such  business  as  is  specified  in  the  call.  20.  See  Nos.  16, 
48,  113. 

138.  (a)  Why  is  a  memorandum  of  contract  de- 
sirable ?     (6)  What  items  should  it  contain  ? 

(a)  It  furnishes  evidence  in  case  of  dispute.  113.  (b)  Length 
of  term  of  service.  Date  of  commencement  of  service.  Com- 
pensation, amount  of  and  how  payable.  114.  See  Nos.  52,  82, 
180. 

139.  Why  does  the  law  prohibit  the  same  person 
from  holding  the  office  of  school  trustee  and  super- 
visor of  his  town  ? 

Because  the  person  would  pay  out  moneys  to  himself  on  his 
own  warrant.  This  is  contrary  to  the  principles  of  our  govern- 
ment. 12. 

140.  (a)  Give  date  of  commencement  of  the  school 
year.     (6)  No  public  school  shall  be  taught  on  a 
legal  holiday  or  on  Saturday.     If  a  teacher  lose  a 
day  from  any  cause,  when  shall  such  lost  time  be 
made  up  ? 


270  SCHOOL    LAW   OF    NEW   YORK 

(a)  July  26.  [Now,  Aug  1  ]  viii.,  19,  50.  See  Nos.  39,  104, 
148.  (b)  On  a  school  day  or  days  immediately  following  the  close 
of  the  term.  116.  See  Nos.  20,  45,  111,  143. 

A  UG  VST  17,  1894 

141.  State  three  duties  of  the  district  trustee. 

Answers  will  differ.  28-50.     See  No.  66. 

142.  (a)  What  officers  apportion  the  public  school 
moneys  among  the  school  districts  of  the  several 
counties;  ( ft)  upon  what  statistics? 

(a)  The  State  superintendent  of  public  instruction  and  the 
school  commissioner,  (b)  Upon  the  reports  of  the  district  trustees 
to  the  school  commissioners.  10,  11.  See  Nos.  13,  27/62,  80. 

143.  No  public  school  shall  be  taught  on  a  legal 
holiday  or  on  Saturday.     If  a  teacher  lose  a  day 
from  any  cause,  when  should  such  lost  time  be  made 
up? 

The  week  following  the  close  of  the  regular  term  of  school,  or 
at  such  other  time  as  the  trustee  and  the  teacher  agree  upon.  116. 
See  Nos.  20,  45,  111,  140. 

144.  (a)  Give  the  date  prior  to  which  all  school 
moneys  belonging  to  a  district  should  be  drawn 
from  the  hands  of  the  supervisor.     (6)  If  there  be 
money  belonging  to  any  district  in  his  hands  at 
such  time,  what  is  done  with  it  ? 

(a)  The  1st  Tuesday  in  March.  13.  (b)  A  return  thereof  shall 
be  made  to  the  county  treasurer  and  be  reapportioned  according 
to  law.  13. 

145.  (a)  For  what  school  officers  may  women  vote 
under   certain    qualifications?     (6)   State   three   of 
these  qualifications. 


UNIFORM    EXAMINATION   QUESTIONS  271 

(a)  All  school  district  officers.  21. 

See  Nos.  38,  109,  122.    (b)  Answers  will  differ. 
20,  21.     See  Nos.  32,  123. 

146.  By  whom  is  the  division  of  a  school  com- 
missioner district  made  ? 

Board  of  supervisors.     13. 

147.  (a)  Name  two  purposes  of»the  annual  school 
meeting.     (6)  In  such  meeting  when  must  the  vote 
be  by  ballot  and  when  may  it  be  by  ballot  or  be 
ascertained  by  recording  the  ayes  and  noes  ? 

(a)  Answers  will  differ.  19-24.    (6)  In  electing  officers — In 
voting  a  tax  levy.     22-24. 

148.  (a)  On  what  date  does  the  school  year  com- 
mence ?     (6)  On  what  date  must  a  trustee  make  his 
annual  report  to  the  school  commissioner  ? 

(a)  August  1.     viii.   See  Nos.  39, 104,  140.    (b)  August  1.    50. 

149.  Give  date  of  the  annual  school  meeting. 
The  1st  Tuesday  in  August.  19.     See  Nos.  40,  124. 

150.  Name  two   provisions   of    the   compulsory 
education  law  of  1894. 

Answers  will  differ   43.     See  No.  160. 
MARCH  8,  1895 

151.  (a)  How  is  the  State  superintendent  of  pub- 
lic instruction  elected  ?     (b)  What  is  the  length  of 
term  of  his  office  ?     (c)  State  one  of  his  duties  ? 

(a)  By  joint  ballot  of  the  senate  and  assembly,    (b)  3  years. 
(c)  Answers  will  differ.     9-12.     See  No.  41. 

152.  What  part  of  the  State  public  school  moneys 
shall  be  applied  exclusively  to  the  salaries  of  teach- 
ers and  supervisory  officers  ? 


272  SCHOOL   LAW   OF    NEW   YORK 

All  except  the  library  money.     10.     See  No.  94. 

153.  "  No  Saturday  shall  be  counted  as  part  of 
the  school  term  of  160  days."     Give  one  good  reason 
for  such  provision. 

Answers  will  differ.    116. 

154.  No   school   commissioner   or  supervisor    is 
eligible  to  the  office  of  trustee,   and  no  trustee  can 
hold  the  office  of  district  clerk,  collector,  treasurer, 
or  librarian.     Why  such  provisions  ? 

In  order  that  the  same  person  shall  not  hold  two  offices,  one  of 
which  should  be  entirely  independent  of  and  at  the  same  time  a 
check  upon  the  other.  14,  22. 

155.  No  person  shall  be  eligible  to  hold  any  school 
district  office  who  cannot  read  and  write.      Give 
reason  for  such  a  provision. 

The  clerical  duties  of  the  office  require  at  least  such  qualifica- 
tions. Other  correct  answers  accepted.  22. 

156.  (a)  What  is  meant  by  the  "  district  quota  "  ? 
(6)  Upon  what  condition  shall  such  quota  be  granted  ? 

(a)  It  is  the  distributive  portion  of  $100  granted  to  each  dis- 
trict, (fc)  upon  the  condition  of  the  employment  of  a  duly  quali- 
fied teacher  for  the  school  term  of  160  days,  and  $100  for  each 
additional  duly  qualified  teacher  so  employed.  10.  See  Nos.  13, 
54,  62,  71,  88. 

157.  What  is  the  legal  length  of  term  of  office  of  a 
sole  trustee  ? 

One  year.     22.     See  No.  29. 

158.  What  is  the  school  law  with  reference  to  (a) 
memorandum  of  contract  between  trustee  and  teach- 
er ;  (6)  with  reference  to  when  pay  of  teachers  is 
due? 


UNIFORM   EXAMINATION   QUESTIONS  273 

(a)  "All  trustees  of  school  districts  who  shall  employ  any 
teacher  to  teach  in  any  of  said  districts,  shall  at  the  time  of  such 
employment  make  and  deliver  to  such  teacher,  or  cause  to  be 
made  and  delivered,  a  memorandum  in  writing,  signed  by  said 
trustee  or  trustees  or  by  some  other  person  or  persons  duly 
authorized  to  represent  him  or  them  in  the  premises."  113.  See 
Nos.  22,  138.  (6)  "The  pay  of  any  teacher  employed  in  any  of 
the  school  districts  of  this  State  shall  be  due  and  payable  at  least 
as  often  as  at  the  end  of  each  calendar  month  of  the  term  of 
employment."  119.  See  Nos  10,  22. 

159.  What  is  (a)  the  minimum  limit  of  lawful 
school   age?     (6)   The   minimum   limit  of  age   at 
which  attendance  at  school  is  compulsory  ? 

(a)  5  years  of  age.  37,  66.  See  Nos.  54,  62,  64,  85.  (b)  8  years 
of  age.  43. 

160.  What  penalty  is  attached  to  the  failure  of  a 
district  to  enforce  the  compulsory  education  law  ? 

The  State  superintendent  may  withhold  one-half  of  all  public 
school  moneys  from  such  district.  43.  See  No.  150. 

AUGUST  9,  1895 

161.  State  in  substance  one  of  the  extracts  from 
the  school  law  found  in  every  school  register. 

Answers  will  differ. 

162.  Who  are  qualified  voters  at  a  school  meeting  ? 

See  Consolidated  School  Law,  Title  7,  Article  1,  Section  11. 
20,  21.  See  Nos.  32,  123,  145. 

163.  State  the  provisions  of  the  school  law  with 
reference  to  teachers'  institutes  as  to  (a)  the  closing 
of  schools  outside  of  cities  and  villages  having  five 
thousand  or  more  inhabitants  and  employing  a  su- 
perintendent ;  (6)  attendance  of  teachers, 


274         SCHOOL  LAW  OF  NEW  YORK 

(a)  All  schools  must  be  closed.  116.  See  No.  35.  (6)  All 
teachers  employed  in  teaching  or  under  contract  to  teach  must 
attend.  103,  117. 

164.  "  No  school  shall  be  in  session  on  a  legal 
holiday."     Give  one  good  reason  for  such  a  law. 

Answers  will  differ.     116.     See  Nos.  20,  45,  111,  140. 

165.  State  three  duties  of  the  school  commissioner. 
Answers  will  differ  14-18. 

166.  Name  the  six  kinds  of  teachers'  licenses  in 
this  State  ;  state  the  conditions  upon  which  each  is 
granted,  and  the  length  of  time  for  which  each  is 
valid. 

(1)  State  certificate. — Upon  examination  after  3  years  [now  2] 
experience  in  teaching — for  life,  unless  revoked  for  cause.  (2) 
College  graduate  certificate. — Upon  3  years  experience  in  teach- 
ing subsequent  to  graduation  from  some  reputable  college,  [and 
possession  of  a  uniform  Ist-grade  certificate] — for  life,  unless 
revoked  for  cause.  (3)  Normal  school  diploma. — Upon  graduation 
from  one  of  the  State  normal  schools — until  revoked.  (4)  School 
commissioner's  [now  called  uniform]  certificate. — Upon  examina- 
tion under  the  regulations  governing  uniform  examinations. — 1. 
2,  or  5  years.  (5)  Professional  [now  training-class]  certificate. — 
Upon  examination  under  the  regulations  governing  teachers' 
training  classes — 3  years.  (6)  Temporary  license. — Upon  evidence 
satisfactory  to  the  State  superintendent  of  public  instruction — 6 
weeks.  [Now  three  more  kinds.]  89-95.  See  Nos  114,  134. 

167.  "Any  failure  on  the  part  of  a  teacher  to 
complete  an  agreement  to  teach  a  term  of  school 
without  good  reason  therefor,  shall  be  deemed  suffi- 
cient ground  for  the  revocation  of  the  teacher's  cer- 
tificate."    State  two  good  reasons  for  such  provision. 

Answers  will  differ.  103,  124.    See  No  55. 


UNIFORM   EXAMINATION   QUESTIONS  275 

168.  In  case  of  the  employment  of  an  unqualified 
teacher  in  any  district,  against  whom  may  the  con- 
tract be  enforced  by  the  teacher  ? 

The  individual  trustee  or  trustees  making  the  contract.  107. 

169.  Whose  duty  is  it,  by  law,  to  keep  the  school- 
room clean  and  fit  for  use  ? 

It  is  the  duty  of  the  trustee.     32,  119,  130,  145. 

170.  State  (a)  the  minimum  and  (b)  the  maximum 
length  of  term  for  which  a  trustee  can  in  advance 
make  a  contract  for  the  employment  of  a  teacher. 

(a)  10  weeks,    (b)  1  year.  114.     See  Nos.  75,  93,  106. 

MARCH  6,  1896 

171.  (a)  What  is  meant  by  a  "  district  quota  "  in 
the  apportionment  of  school  money?     (6)  What  is 
its  amount? 

(a)  The  amount  of  money  apportioned  to  the  several  school 
districts  by  the  State  superintendent  of  public  instruction,  based 
upon  the  number  of  qualified  teachers  employed  for  32  weeks  of 
5  school  days  each  during  the  year,  (b)  §100.  10.  See  Nos.  13, 
54,  62,  71,83,156. 

172.  What  day  is  fixed  by  law  for  Arbor  Day? 

The  Friday  following  the  first  day  of  May.  66,  157      See  No. 

79. 

173.  Upon  what  date  does  the  school  year  end  ? 
July  31.  viii,  19,  50.     See  Nos  39,  104,  140,  148. 

174.  What  is  meant  by  the  legal  term  "  qualified 
teacher  "  ? 

One  who  holds  an  unexpired  and  unannulled  uniform  or  State 
certificate,  or  a  normal  diploma.  89-108.  See  Nos.  108, 127. 


276  SCHOOL   LAW  OP   NEW  YORK 

175.  Who  has  the  sole  power  to  fix  the  amount 
to  be  paid  (a)  for  teachers'  wages ;  (6)  for  a  school- 
house  site? 

(a)  The  trustees.  33,  63, 110.  See  Nos.  99, 110.  (&)  The  district 
meeting.  23,  56.  Set;  No.  115. 

176.  Name  the  legal  holidays  in  this  State. 

New  Year's  Day,  Washington's  Birthday,  Decoration  Day, 
July  4th,  Labor  Day,  General  Election  Day,  Thanksgiving  Day, 
Christmas.  [Now,  also  Lincoln's  Birthday.]  10.  See  Nos.  2,96, 
119,  132. 

177.  Name  three  provisions  of  the  "  Health  and 
Decency  Act ". 

Answers  will  differ.  16,  47,  64.     See  Nos.  25,  77, 125. 

178.  State  two  reasons  for  keeping  a  school  regis- 
ter accurately. 

Because  the  public  money  is  partly  apportioned  upon  the 
aggreate  attendance  of  resident  pupils  of  school  age.  As  a 
record  for  the  district.  11,  49,  50,  122.  See  Nos.  37, 47,  54,  62, 85, 
119.  132. 

179.  State  two  provisions  of  the  compulsory  edu- 
cation act. 

Answers  will  differ.  43.     See  Nos.  150,  160. 

180.  What  items  should  a  "  memorandum  of  hir- 
ing "  contain  ? 

Term  of  employment,  rate  of  compensation,  and  when  paya- 
ble. 114.  See  Nos.  52,  82,  138. 


INDEX 


INDEX 


PAGE 

a  high  ideal 214 

a  personal  tribute 215 

absence  of  pupils 39-42, 149-154 

for  religious  observances 

45,  152,168 

for  examination 39 

academic  department 

union  schools 59,  60,  156 

normal  schools 71 

academic  fund 61 

academy,  adoption  of 61 

defined 59,  60 

adjournments  22,  54,  51 

admission  of  pupils 119 

to  Cornell  uv 73 

to  normal  schools 71 

to  regents 59 

to  teachers'  classes 79 

age  for  training-class 75 

of  pupils 119, 180,  256,  265,  272 

of  teachers 108, 254 

agency  for  text-books 15, 128 

aggregate  attendance 

11,17,37,254,260,267 

Albany 114 

alcoholic  drinks 43,  56,  70,  156 

algebra 155 

aliens  cannot  vote 21 

alteration  of  boundaries.  12, 14, 17, 51 

American  citizenship 157 

Guard 157 

Museum  of  Natural  History.  57,  71 

analysis,  topical,  Part  1 81 

Part  II 217 

ancient  languages 156 

annual  meeting 


PAOB 

19-24,  252,  264,  266,  270,  271 

annulment  of  district 18,  32 

of  teacher's  license 

16,  33,  35,  99-104, 107, 124, 132, 
134,  252,  254,  255,  256,  260,  274 

apparatus 23,  48,  57, 247 

commissioners  interested  in .  15, 129 

for  admission  to  regents 60 

appeals  to  superintendent 

9,  70,  101,  104,  134,  135,  194, 

237,255,267 

to  the  courts 134 

application  to  regents 60 

apportionment 

11,  247,  250,  254,  255,  257, 258, 269 

Appleton,  Judge,  quoted 155 

arbor  day 66, 157,258,  275 

Archibald's  Grim.  Prac.  quoted..  186 

assessments .30,  31 

associations,  teachers' 117 

Asylum  for  Idiots 9 

attendance 37-43,  55,  246 

aggregate  days 

11,  17,  37,  254,  260,  267 

at  institute 103 

of  pupils  for  institute  week.  17, 260 

attendance  officer 43, 65 

attire  of  pupils 147 

authority  over  pupils 

45,  139,  170-179,  247,  250 

ayes  and  noes 23,  24 

ballot,  when  required.  .22,  23,  24,  270 

Barrett,  Judge,  quoted 152 

Batavia,  Institution  for  the  Blind. 73 
Bateman,  Newman,  quoted 161 


(279) 


280 


COMMON  SCHOOL  LAW 


PAGE 

Beck,  Judge,  quoted 150 

bequests 48,  58,  59 

Bible  in  school 45,  166-169 

biennial  census 10 

Bishop's  Grim.  Law,  quoted.  186,  211 
Blackstone's  Commentaries, 

quoted 180, 188,  211 

blind,  institutions  for 72 

blizzard,  closing  school  for 118 

boards  of  education 51-70 

vacation  of  office — 12,  14,  64,  251 

boarding-place  optional 120 

bonded  indebtedness 18,  28,  57 

bonds 22,  25,  47,  54,  76,  267 

books  for  libraries 48 

for  admission  to  regents 59 

published  by  the  State 78 

boundaries 12,  14,  17,  51 

recorded 13,17,251,254 

boxing  the  ears 186 

branch  schools 49,  58 

breathing  exercises 156 

bribery  punished 15,  128 

Brooklyn  excepted 81,  56 

brooms 48 

Brown,  Anthony 208 

Brown,  Judge,  quoted 208 

burning  of  schoolhouse 117, 118 

Callaghan,  William 169 

Cassety,  James  M 136 

Catholic  holidays 45,  152 

schools 45,  109 

census,  biennial 10 

certificates  of  teacher 

16,  33,  35,  80,  89-108,  129,  245, 
252,  254, 255,  256,  257,  260  264, 

268,  273,274 

date  Of 105,  106 

endorsed 90,253,  260 

from  other  States 94 

renewed 91 ,  258 

wages  graded  by 118 

chancellor  of  the  university..  .70,  75 
change  in  sentiment 187 


PAGE 
charter  elections 52, 54 

chastisement  or  expulsion 209 

Cheney,  Francis  J 183 

Chicago  forbids  Bible 169 

Chinese  children 201 

Chitty  on  Contracts,  quoted 136 

Christmas  a  holiday 10 

Cincinnati  forbids  Bible 169 

cities,  special  provisions 

10,  19,  49,  51,  52,  54,  56, 67, 81, 
98,  110,  116,251 

of  more  than  30,000 56 

citizenship  required 

of  voters  and  district  officers.. 
20,  21,  51,  251,  266,  270,  272 

of  commissioners 14 

city  teachers,  restrictions 98,  110 

training  classes 81 

civics,  instructions 157 

civil  procedure,  code  of 56 

Clark  John  H 208 

cleanliness  of  person 147 

clerk,  district, 

19,  24,  25,  26,  30, 122,  260, 263, 268 

union  schools 54 

clerk,  town.  13,  14,  17, 18,  25,  32,  52,  69 

Cleveland,  Grover . , 137 

closing  school,  by  teacher 

34,35,104,129 

by  trustees 117 

code  of  civil  procedure 56 

code  of  public  instruction 88 

collector.  12,  22,  25,  28,  32,  46,  267,  268 

orders  on 258 

union  schools 54 

college  graduate's  certificate.. 33,  92 

colored  children 38,  55,  66,  200 

commissioners ,. 

14-18,  53,  252,  255,  257,  273 

accept  resignation 29 

annul  licenses... 16,  99, 100, 101,  132 

apportion  public  moneys 

11,  15,  107,  247,  250,  254,  255, 
257,258,269 

appoint  trustees 29,  261,  263 


INDEX 


281 


PAGK 

commissioner 

approve  of  tax  and  plans.. 23, 51,  57 

condemn  schoolhouses. .  15,  32,  256 

consent  to  alteration  of  site —  83 

to  dissolution  of  union  schools 

53,70 

dissolve  districts 51 ,  270 

records  of 25 

endorse  certificates 90,  253,  260 

examine  teachers — 16,  89,  97,  255 

teachers'  classes 63 

for  Cornell  scholarships 73 

may  not  be  teacher  or  trustee, 

14,  22,52,108 

order  furniture 16,  257,  261 

outbuildings  erected 

48,145,249,  258,266,275 

repairs 16,  256,  257,  261 

special  meetings 19 

punishment  for  agency 15, 129 

receive  trustees'  reports 

13,  52,67.69 

recommend  rules 15,  139 

use  schoolhouses 16, 17,  32 

salaries  of 10, 14,  240 

take  affidavits 260 

vacancies  filled 14,  261,  263 

commissioner  districts 13 

committees  to  visit  schools... 65,  140 

common  school  fund 9 

of  a  town 13,  131 

compensation  of  teachers 

13,  ai,  33,  46,  57, 106, 109, 118- 

120,  261,  262,  264,  271,  275 

composition  required. ...155, 156, 158 

compulsory  law 

43,207,271,272,273,276 

Conant,  Edward,  quoted 161 

contagious  diseases 117, 118,  200 

contracts  with  teacheis 33,  34 

abandoned 130 

complete 113 

conditions 

...113-1?3,  196,  254,  258,  259,  274 
how  broken... 101,  124-137.  258,  274 


PMB 

contracts 

how  made 105-112,266,274 

prerequisites 105-110,  246 

specifications 113-123 

written....  113,  254,  259,  269,  272,  276 

with  city  schools 49 

control  of  child's  studies 155-165 

convocation,  university 74 

Cooley's  Blackstone,  quoted 188 

Constitutional  Limitations  qu'd 

182,210 

Torts,  quoted 119,  168, 196 

Cornell  university 9 

scholarships 73, 263 

corporal  punishment 180-194,  246 

Cortlandt  excepted 54 

course  of  study 

....  15,  37,  43-45,  55,  155-158,  246 

for  city  training  classes 82 

for  high  schools 60 

outside  branches 119 

county  judge 11 

county  superintendent 104. 158 

county  treasurer 11, 13 

Crandall,  Homer 196 

criticism,  liability  for 133 

Crocker,  James  F.,  quoted 22,  34 

cruelty 100,102,127 

Cutting,  Judge,  quoted 145 

damages  for  dismissal 131 

for  expulsion 205 

for  injustice 137 

to  school  property 146, 199 

date  of  school  meeting 

viii.,  19,  252,  266 

Davenport,  J.I 204 

deaf  and  dumb 72 

decisions  of  N.  Y.  sup't 237-23S 

declamation  required 

155,156,158,163 

degrees  and  diplomas 76 

Demarest,  Peter  E 128 

department  of  public  instruction.. 

74,90,101,113,132 

detention  after  school 178 


282 


COMMON   SCHOOL  LAW 


PAGE 

Devlin.  Michael  E 131 

dictionary 48 

dignity  of  the  teacher 212 

dilemma  of  teacher 209 

discipline...  15,  36,  37,38, 102,  180,  210 

dismissal  of  primary  pupils 145 

of  teachers 

35-37, 101, 124-137,  258,  274 

damages  for 131 

Disney's  School  Law,  quoted 207 

disobedience 29,  38,  70, 127, 138 

dissatisfaction  with  teacher. .  102, 130 

dissolution  of  district 12, 18,  25 

union  school 52 

district 

alteration  of  boundaries 

12,14,17,51,270 

boundaries  recorded — 13, 17,  251 

change  in  trustees 

28,246.248,249,250 

creation  of 17,  252 

dissolution  of 12, 18,25 

inhabitant  of 30 

joint 15,51 

library  money 11, 12,  261,  271 

moneys 

..9-12,  47.  50,  62,  72,  261,  271,  273 

officers'  addresses 14 

teacher's  quota 

10, 11,  49,  66, 255, 257, 259, 261, 

272,275 

treasurer 12,22,28,54,268 

under  special  act 19 

union 51 

district  and  union  schools  com- 
pared  68 

district  clerk 

19,24,25,26,30,247,255 

district  collector 

12,  22,  25-28,  32,  46,  247,  248,  255 

district  meetings 

19-24,252,264,  266,270,271 

must  be  held  in  dissolved  dis- 
trict  18 

must  have  representative  at- 
tendance  19 


district  meetings 

notice  by  clerk 24 

notice  if  not  in  schoolhouse . .  .20 

time  of  election  extended 20 

may  accept  resignations 29 

may  not  select  teacher — 33, 110 
may  permit  trustee  to  hire 

relation 34 

should  vote  on  payment  to 

trustees 50 

in  districts  of  300  children. .  19,  21 
in  vnionfree  school  dutricts.56,  57 
estimate  of  money  required. .  .67 
special  meetings.  .20,  24,  30,  47,  264 

notice  by  clerk 24,  25,  30 

for  condemned  schoolhouse. 32 

for  union  free  school 50 

for  disolution  of  u.  f .  s 53 

appeal  from 70 

district  quota 

...10, 11,  49,  66,  255,  257,  259,  261 
district  treasurer — ....  12,  22,  28,  54 

disturbance  !n  school 172,  245 

Dix,  John  A.,  quoted 206 

Draper,  Andrew  S.,  quoted 

41,176,188,253 

drawing. ..  .43,  44,  65,  70, 156, 157, 159 

certificate 91 

duration  of  contract 114-118,  258 

Easton,  Judge,  quoted 190 

election,  notice  of 24, 25,  30 

election  days 10 

eligibility  to  office 272 

Ellington,  District  No.  2 39 

endorsing  certificates 90,  253 

enforced  vacation 117 

English  language  required 156 

epidemic,  school  closed  for. 85 

Erie  county  excepted 20 

estimates  of  money  required... 50,  67 

evening  schools 44, 65, 105 

examinations,  absence  from 39 

in  school  buildings 32 

of  teachers 16 

of  teachers'  classes 63 

required  for  certificates 96 


INDEX 


283 


PAGE 
exceptions  from  parts  of  the  law, 

20,31,54,66 

excuses  required 41, 153 

exercise  required 156 

breathing 156 

physical 156 

vocal 156 

expulsion  of  pupils 

38-43,158,195-210,245 

extension,  university 74 

extent  of  authority 170-179 

falsehood I ...  157 

falsification  of  register 104, 126 

fast  days  are  holidays 10 

feruling 186 

filthy  habits 147 

fines  upon  pupils 38,  146,  202 

upon  officers.    See  penalties. 

upon  teachers 158, 189 

Fish,  KichardD 192 

flags  on  every  schoolhouse 50 

free-hand  drawing 43,  44,  65,  70 

friendly  hints  to  pupils 213 

fuel 48,63 

furniture 57,  63 

commissioner  interested  in 15 

repaired 16,  257 

general  laws  quoted ,  42 

George,  Chas.  E 193 

German  required 155 

Gifford,  Margaret 169 

gifts  and  legacies 48,  58,  59 

Gilmour,  Neil. 39,  116, 136, 159, 176,203 

globes 23,  48 

good  character 96 

gospel  lots 12 

grading  of  pupils 158 

of  schools 59 

graduation  exercises 148 

grammar  required 161 

Gray,  Frank  F 102 

Greenleaf  on  evidence,  quoted...  136 

Hallet,  Carl 163 


PACT 

Hanchett,  L.  II 202 

Harris,  Wm.  T.,  quoted 161 

health  and  decency  law 

..16,  47,  64,  145,  249,  255,  266,  275 
heating  and  ventilation. 23,  51,  57,  58 

Higbee,  Judge,  quoted 198 

high  schools  defined  59 

course  of  study 60 

may  be  supported 155 

High's  Remedies,  quoted 98 

Hoban,  Francis  M 184 

holidays 

10,  35, 116,  245,  248,,  253,  261, 

264,269,270,271,  273,275 

closing  on  school  day 34,  35, 129 

hours  of  school 116, 144,  266 

Hoose,  James  H 136 

Hunt,  Matthew  1 193 

Hutchinson,  James  H 136 

Hutchison.  Wm 215 

hygiene 156 

ideal,  a  high 214 

idleness 157 

illegal  voting  21 

illness  of  teacher 180 

immorality  of  pupils 38,  156,198 

of  teachers... 33,  35,  96,  99,  126,  260 

of  trustees 29 

impertinence 199 

incapacity  in  pupils 201 

to  teach 126 

incompetency 33.  35, 103,  126 

incorporated  villages,  special  pro- 
visions.. 19,  51,  52,  54,  56,  67,  251 

indecent  remarks 36,  182,  202 

Indian  children 10,  37,  201 

schools 10,  72 

indigent  pupils 23,  55 

industrial  drawing 43,  44,  65,  70 

training 66,71,157 

inefficiency 35 

infectious  disease 118,  200 

inhabitant  of  district 80 

in  loco  parentis 211-216 

instalments 18,  23,  57 


284 


COMMON   SCHOOL   LAW 


PAGE 
Institute  week,  attendance.  17,260, 267 

institutes 9 

attendance  of  teachers.  10,  103,  273 

care  of  commissioner 17 

close  of  school. 17,  35,  72, 116,  251,273 
time  not  to  be  made  up.35, 116,  260 

In  school  buildings 32 

insubordination  of  pupils 38, 198 

of  teachers 127,  1:38 

insurance 24,  33,  58 

intemperance 99, 100 

janitor  work 119, 121, 145,  274 

Jewish  sabbath 152 

joint  district 15,  51,  252,  253 

junior  schools 59,  60 

justice  taught 156 

keeping  a  good  school 35 

engagements 103 

Kent's  commentaries,  quoted — 182 

kindergarten 44,  66, 157 

certificate 91 

kindness  to  animals 156, 157 

King,  Justice,  quoted 177 

labor-day  a  holiday 10 

Lane,  Father 152 

languages,  ancient 156 

English 156 

modern 92.  156 

law-suits 24,  47,  ia3,  135-137 

left-handed  pupils 147 

legacies 48,  58 

legal  decisions 223-236 

length  of  contract 33,  34,  274 

of  experience 255,  268 

Lewis,  John  G 184 

libel,  suits  for 133 

libraries 10, 11,  46,  48,  63 

library  money 261,  271 

licenses  of  teachers 

16,  33,  35,  80,  89-108,  124,  129, 
132.  134,  245,  252, 254.  255.  256, 
257,  260,  264,  268,  273,  274 


PAGE 

licentious  propensities 38 

literature  fund 61 

local  normal  boards 70 

majority  vote 22,  23 

making  up  days.  116,  248.  264,  269,  27° 
management  of  schools.. 15,  37,  58,  70 

mandamus,  writ  of 120 

Mann,  Horace,  quoted 

107,139,  146,175 

manual  training 

43,  44,  65,  66,  70,  71, 157 

maps 23,  48 

married  women 109 

Mathew,  Judge,  quoted 186 

meetings,  district 19-24 

boards  of  education 54 

regents 76 

teachers' 117 

trustees 25,  30 

members  of  religious  orders 109 

Merrill,  Henry 203 

middle  schools 59 

military  instruction 157 

minors,  rights  of 108, 120 

misconduct 198 

misdemeanors 

commissioners 15 

illegal  voters 21 

supervisors 11 

trustees 33,46, 107,  258 

Missouri  decision 42 

modern  languages 92, 156 

money  held  in  trust 27 

monthly  payments 

' 34,  119,  246,  249.  272 

monitors  not  teachers 10 

moral  character 

29,  33,  35,  38,  96,  99,  126,  156, 

198,260 

morality  taugnt 157 

Morgan,  Jesse —  •••• 192 

Morrison.  Sup't,  quoted 37, 108 

Morrow,  Annie 159 

music 44 


INDEX 


285 


PAGE 
names  and  addresses  of  district 

officers 14 

narcotics 43,56,  70,  156 

neglect  of  duty 29, 127 

negligence 85 

negro  children 38,  55,  66,  200 

New  Haven  forbids  Bible 169 

New  Years  a  holiday 10 

New  York  city 31, 114 

corporal  punishment 184 

newspaper  notice  required. 51,  57,  65 

non-resident  pupils 

37, 38,  55, 63, 251,  254. 256,  259, 265 

tax-payers 31 

normal  schools 70 

diplomas 16,  33,  94 

students 71 

not  scholars  but  men 213 

notice  of  election 24,  25,  30 

nuisances  abated 16,  48 

Odgers  on  Slander  quoted 134 

on  the  road 173 

orders  on  supervisors 14, 250 

orphan  asylums 37,  66 

outbuildings..  .16,  47,  64,  145,  249,  258 

outside  stair-cases 31,  64 

the  school 

....148,  152,  173-179,  201,  247,  250 

pails  provided 48 

Pardee,  Sheldon  J 128 

parents,  authority  of 

40,41,43,45,149,  181 

courses  of  study 158-165 

excuses  required 41, 153 

liable  for  damage 146 

patriotism  taught 157 

Patterson,  John  H 203 

payment  of  wages 119 

as  damages 131 

pecuniary  fines 

....as,  146,  158,  172,  189,  199,  202 

pedagogic  books 48,  97 

penal  code,  quoted 21, 172 

penalties 


PAGB 

changing  text-books 44 

commissioners 15 

district 33,  259 

employers 43 

illegal  voting ?1 

neglect  of  school  officers 47 

non-report  to  commissioner 47 

non-report  to  regents 52 

parents 43 

payment  of  unqualified  teacher.107 

refusal  to  serve 29 

schools  not  closed  for  institute..  17 

supervisor 11 

supervisor  to  sue  for 12 

teachers 274 

town  clerk 25 

trustees 33,  47,  50,  258 

unclean  o  uthouses 47,  249 

Pendergast,  Rachel 189 

pension  law 130, 132 

Pertle.  James  S. ,  quoted 180 

personal  cleanliness 147 

physical  exercises 156 

physiology  and  hygiene.43, 56,  70,  156 

play  encouraged 156 

playground,  authority  on 172 

poor-house  children 37 

poor  scholars 23,  55 

posting  of  notices 26,  51 

postmaster  compared  with  teach- 
er  141 

Potter's  Devorris,  quoted 183 

Pradt,  J.  B.  quoted 160 

Pratt,  C.  E.,  quoted 163 

prayer  in  school 45,  145,  166-169 

primary  pupils  dismissed 145 

principals,  functions  of..  142, 158,  180 

private  schools 172,  180,  211  - 

privies 16,  47,  64,  145,  249,  258 

profanity 99, 100, 157,  197, 198 

provisional  regents'  examinations. 62 

public  moneys 9-12,  62.  268 

apportioned  by  commissioner. .  15 

to  Indian  schools 10,  72 

withheld  for  failure  to  report. . 
47,288 


286 


COMMON   SCHOOL   LAW 


PAGE 

public  moneys  withheld 
for  unclean  outbuildings 47 

publications  by  the  State 78 

punishment,  corporal 180-194 

on  school  premises  alone 179 

pupil  attendance 17 

teachers 10, 108 

pupils,  attire  of 147 

authority  over 55 

course  of  study 158-165 

expulsion  of 38-43 

grading  of 158 

incapacity  in 201 

indigent 23,  55 

interference  with 177 

left-handed 147 

non-resident 37,  38,  63,  254,  256 

normal 71 

teacher  and  parent 

40,41,55,158-165 

transfer  of 55 

truant  schools 43,  65 

qualifications  of  commissioner. . .  14 

of  district  officers 22 

of  voters. .  ..20,  51,  251,  266,  270,  272 

qualified  teachers 

10,  33,  35,  64,  80,  89-108,  259, 

263,267,274,275 

quota,  district.    See  teacher's  quota 

teacher's 10,  11,;  49,  66,  255, 

257,  259,  261,  272,  275 

railroad  taxes 26 

Randall,  Henry  S..  quoted .169 

S.  S.,  quoted 176 

reading-books  from  library  money  48 
recess,  hours  of 144 

belongs  to  pupils 178 

records,  boards  of  education —  64 

town  clerk 13 

trustees 49 

recovery  of  wages 136 

Reeves's     Domestic     Relations, 
quoted 180,  18 


PAGE 

reference  books 48 

references  to  statute  laws — 240-242 
regents  of  the  university. 50-62,  74-78 

examinations 62,  74, 77 

transfer  of  library 48 

register,  care  of 

50.  122,  252,  253,  265,  267,  268, 

269,276 

affidavit 122,  260 

extracts  from  law 273 

falsification  of 104,  126 

registration  of  schools 61 

relation  of  teacher  to  trustees 

138-143 

to  superintendent 142 

relationship  of  teacher  to  trustee 

34,108,247,249,250,255 

religious  belief 97,  98 

exercises 44,  100, 166-169,  245 

meetings  in  schoolhouses 

32,  169,248 

observances 126 

observances  by  pupils —  39, 45,  152 

orders,  members  of 109 

removal  of  commissioners 15 

of  members  of  boards  of  educa- 
tion  64,  70 

of  members  of    local  normal 

boards 70 

of  trustees 29,  47,  50 

renewal  of  licenses,  see  licenses 

repairs 16,  48,  58,  256 

reports  of  boards  of  education 


of  commissioners 18 

of  trustees 47,  50 

to  regents 62 

resident  pupils 37 

restrictions  upon  city  and  village 

teachers 98,  110 

revocation  of  licenses 

16,  33, 35,.99-104,  107, 124, 132, 

134,  252,254 

rhetoric  required 155, 159 

Rice,  Victor  M.,  quoted.25, 26, 27, 191 


INDEX 


287 


PAGE 

Richmond  county  excepted 80 

Rothrock,  Judge,  quoted 147 

Ruggles,  quoted 40, 146, 173, 176 

rules  and  regulations 

37-45,  55,  59,  138-148,  246 

Russell  on  Crimes  quoted. . . .  186, 188 

Sabbath  respected 126 

St.  Johnsville  decision 20 

St.  Lawrence  county  excepted — 20 

salaries  of  commissioners 14 

of  superintendents 9 

Sanders,  Clarence 40 

Saturday  a  holiday 116,  271 

scholarships,  Cornell 73 

school  age 37,  66 

authority  in 170 

school  commissioner,  see  commis- 
sioner 
school  district.    See  district. 

schoolhouses 

condemnation  of 15,  32,  256 

custody  of 32,  58 

heating  and  ventilation 58 

limit  to  tax  for 31, 56 

may  be  used  by  commissioner.. 

16,  17,32 

outside  stair  cases 31,  64 

plans  for  approval 16,  56 

repairs ,16,48,  256,264 

religious  services  in 32, 169 

sites 16.  23, 32, 56 

school  journals 97 

school  lots 12 

school  meeting 

19-24,  252,  264,  266,  270 

school  moneys 

9-12,  47,  62,  72,  261,  271,  273 

of  atown 12 

apportioned  by  commissioners..  15 

how  paid  out  in  union  schools.  .67 

school  register.  ..50,  122,  252,  253,  265 

school  year  begins 

8,  19,  252,  263,  269,  275 

length  of 10,  253,  254,  267,  268 


PAGE 

school 

deficiency  for  institute 10 

school-room,  ventilation 156 

Schouler's  Domestic    Relations, 

quoted 211 

secretary  of  regents 76 

selection  of  teacher 33, 110 

senior  schools 59 

severity  of  punishment 37 

Sewell,  J  J 159 

sex  no  disqualification 14,  21 

singing  schools 172 

Sites 16,  23,  32,  56 

Skinner,  Charles  R.,  quoted..  101, 252 

slander,  suits  for 133 

Smith,  Ernest  L 192 

special  meetings 248,  253,  264 

Spencer,  John  C.,  quoted  — 169,  176 

stair-cases 31,  64 

State  certificates 16,  33,  92 

State  moneys,  how  used 46,  261 

State  publications 76 

State  tax 13 

State  treasurer 11, 13 

statute  laws,  references  to..  .240-242 

stimulants 43,  56,  70,  156 

stoves  provided 48 

Stowell,  Thos.  B 13i 

Strough,  Perrin  A 101 

substitute  teachers 105, 129 

superintendents,  city  and  village, 

9,18,72,  105 

may  not  teach 19 

relation  to  trustees  and  teach- 
ers  142,158 

superintendent  of  public  instruc- 
tion  9,  249,  252,  271 

appoints  local  normal  boards... 70 

apportions  school  moneys 10 

decides  appeals 

9,  70,  104,  134,  135,  194,  237, 

255,  267 

decisions  referred  to 237 

designates  schools  for  teachers' 
classes 62 


288 


COMMON   SCHOOL   LAW 


PAGE 

sup't  public  instruction 
determines  population  of   dis- 
tricts  18 

directs  commissioners  to  take 

testimony 16 

fixes  minimum  course  of  study.. 60 
issues  pamphlets  for  arbor  day..  67 
makes  appointments  to  institu- 
tions  72 

makesary  loans 13 

may  consent  to  correction  of 

tax  list 31  - 

make  allowance  to  unreported 

districts 47 

order  outbuildings  erected — 64 

order  special  meetings 19 

remove  trustees 29,  64 

receives  certificates  of  appoint- 
ment  11 

notice  of  action  as  to  union 

schools 52,53 

removes  trustees 17, 116,  251 

requires   reports   of   boards   of 

education 69,  70 

reviews  breaking  of  con  tracts..  124 
supervises  union   and   normal 

schools 70 

supervisors 12, 13 

act  on  district  boundaries 

12,14,17 

cannot  be  trustees 22,  52,  271 

certificate  of  commissioners — 11 
consent  to  renewal  of  warrant.. 26 

distribute  public  moneys 

12,250,270 

filing  of  bond 11 

may  change  commissioner  dis- 
tricts  13 

may  increase    commissioners' 

allowances 14 

orders  upon  for  wages 46,  258 

reports  of  collectors 27 

sue  for  penalties 21 

unexpended  public  moneys 21 

Suffolk  county  excepted 20 

supplementary  reading-books 48 


PAGE 

suspension  of  pupils 

38-43,  158,  195,  245,  268 

damages  for 146 

Sweevers,  Judge,  quoted 147 

tabular  analysis,  Part  1 81 

Part  II 217 

tardiness 38,  41, 149, 150 

taxes 13 

for  apparatus 23,  56 

building 23,31,56 

contingent  expenses 68 

deficiency 23 

fuel,  etc 48 

insurance 24 

library 23 

outbuildings 48 

teachers'  wages 

24,  46,  47,  56,  57,  68 

how  collected 25-28,  32,  248 

enforcement 25,  27 

how  paid  out 67 

tax-list 30,  31 

clerk  employed 50 

filed  with  town  clerk 32 

teachers 

act  as  librarians 48 

affidavit  to  register.. 46,  49, 122,260 
authority... 45, 139, 170-179,  247,  250 

associations  of 117 

change  of 10 

contract 33,  34,  105-137, 196 

dismissal  of 35-37, 102 

dissatisfaction  with 102,  130 

district  quota 10, 11,  49,  66 

employment  of 33-37, 63, 249 

examination  of 16 

incompetency 33,  35 

liability  for  suspension 196 

may  not  be   commissioner,  su- 
perintendent, or  trustee  — 

14,19,22,50 

may  not  be  relative  of  trustee 

34,  108,262 

meetings  of 117 

must  attend  institutes 273 


INDEX 


289 


PAGE 
teachers 
must  instruct  non-residents. 38,  119 

keep  engagements 103 

verify  school  report 

46,49,122,260 

need  not  board  with  trustee  —  46 
orders  for  wages  payable  to 

themselves  alone 46 

pay  for  time  at  institute 17 

pecuniary  fines 158 

place  not  to  be  taken 139 

protection  against  insult... 171,  246 

qualified 43, 46, 66, 80,  89-108 

relation  to  parents 170-179 

to  trustees 138-143,  in 

relationship  to  trustees 

34,  108,262,265 

substitute 105,  129 

in  evening  schools 100 

vocal  music 157 

wages 

12,  24,  33,  46,  57, 106, 109,  118- 

120,  246,  249 

teachers'  classes 

9,  16,  62,  74,  79-81,  119, 265 

teacher's  dilemma 207 

quota 

10, 11, 49,  66,  255,  257, 259, 861, 272 

temperance  meetings 32 

temperature 156 

temporary  licenses 33,  94,  264 

tenants  as  tax-payers 30 

term  of  employment 

258,261,263,274 

text-books..  ..23,  37,43,  44,  55,  128, 
..  ..K5,  156,  159,  246,  264,  265 
commissioners  interested  in.15, 129 

Thanksgiving  a  holiday 10 

tobacco,  use  of 138, 144, 147 

Tobias,  Anson 192 

Tounshend  on  slander,  quoted.  ..133 

town  board 13 

town  clerk 

..13,  14.  17, 18,  25,  32,  52,  69,  251 
town  treasurer 12 


PAOK 

training-classes 

9,  16,62,74,79-81,91,119 

transfer  of  pupils 55 

treasurer,  county 11, 13,270 

district 12,22,28,54.268 

State 11,13 

town 12 

tribute,  a  personal 215 

trifling  conversation 36 

truant  schools 43,  65 

trustees 28-50,  249,  256,  269 

approve  collector's  bond 25 

call  special  meetings 19,  51 

consent  to  alteration  of  bound- 
aries   17 

contract  with  teachers 34, 1 10 

draw  orders 258 

elected  how 22 

expenditure  within  vote 48 

without  vote 46,  262 

fill  vacancies.  25,  26, 247,  255,  263,  268 

fix  wages 48,247,  262 

interest  in  contracts 50,  262 

majority  of  three 

12,30,31,  110,  138,266 

may  borrow  money 23 

may  not  be  teacher,  etc ..  22, 108, 271 
may  not  hire  relative. .  .34, 108,  262 

meetings  of 25,30 

must  sustain  the  teacher 34,  38 

payment  of  unqualified  teacher 

107 

present  statement 22 

purchase  apparatus 48,  247,  262 

qualifications 22. 272 

relation  to  teachers. . . .  138-143,  274 

reports 13 

rules  and  regulations 

37-45,138-143 

term  of  office 22,250,  261 

vacancies  filled 29,  255, 257,  261 

vacation  of  office 12, 14,  271 

wrangling  among 117, 118 

written  orders  of 12 

truth  taught ....157 


290 


COMMON   SCHOOL   LAW 


PAGE 

Tucker,  Wm.  A 159 

tuition  of  pupils 

37,  38,  55,  63,  251,  255 

free  in  teachers'  classes 62 

uniform  certificates — 33,  89-92,  253 
questions  in  school  law. . .  .245-276 

union  districts 51 

union  free  schools 50-70 

boundaries  altered 18 

collector 54 

compared  with  district  schools.. 68 

contracts  with  teachers Ill 

may  transfer  library 49 

money  turned  over  to  treasurer.  12 

must  teach  drawing 156 

relationship  of  teacher 34 

text-books 44 

treasurer .54 

U.  S.  deposit  fund 9,  61 

U.  S.  flags  required 57 

University  of  the  State  of  New 

York 74-78 

university  convocation 74 

university  extension 74 

unprofessional  conduct 100 

unqualified  teachers 

33,46,66,  107,263 

vacancies  filled 

commissioner 14,  261 ,  263 

district  officers 

25,  26,  247,  255,  263,  268 

trustee 29,  261,  263 

vacation  of  school 35 

enforced 117 

of  office 12,14,29 

vacation 42 

vaccination 42,  200 

valuation  of  property 30 

ventilation  and  heating 

23,51,57,58,156 

vicious  habits 147 

villages 

if  of  5,000  inhabitants. 57,  98, 110, 116 
establish  kindergartens 44 


PAGE 
may  appoint  superintendent. 

18,84 

need  not  close  for  institute.. .  .17 
restriction  on  teachers — 98, 110 

incorporated 

19,51,52,54,56,  67 

Vincent,  Judge,  quoted 195 

violence  permitted 185 

visitation  of  regents 59-62 

of  superintendent 70 

of  committees 65 

vivisection  forbidden 157 

vocal  exercises 156 

music 44,  65,  71 

certificate 92 

qualification  of  teacher 157 

voters 20,  21 

vulgar  remarks 36, 182,  198 

wages  of  teachers 

12,  24,  33,  46, 57, 106, 109,  11*- 

120,261,262,  264,271,275 

extra  pay 119 

graded  by  licenses 118 

recovery  of 136 

warrants  for  taxes 26 

filed  with  the  town  clerk 32 

Warren  county  excepted 20 

Washburn,  Irving 131 

Washington's  birthday 10 

water-closets 16,  47,  64 

Weaver,  Abram  B.,  quoted 147 

Wells,  Jessica 101 

Wharton's  Criminal  Law,  quoted 

171,182,  188 

White  Plains  excepted 54 

Wickham,  Harris 127 

Wickersham,  J.  P.,  quoted 160 

Wisconsin  decision 38 

withholding  certificate 98,  255 

women,  married 109 

rights  of  .14,  20,  21,  250,  263,  266,  270 

Wood,  James 1 59 

written  excuses 39,  40 

Young,  Samuel,  quoted 192 


-THE  SCHOOL  BULLETIN  PUBLICATIONS. 

Books  for  New  York  Schools. 

X.  A  Manual  of  School  Law.  By  C.  W.  BARDEEX.  Cloth,  16mo,  pp. 
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h.  Regents'  Selections  in  Literature.  Selections  for  Repetition  from 
Memory  at  the  Examinations  conducted  by  the  Regents  of  the  University  of 
the  State  of  New  York,  in  connection  with  the  courses  of  American,  German, 
and  French  Literature.  Leatherette,  IGruo,  pp.  56, 25  cts.  Each  separate, 
paper,  10  cts. 

These  selections  were  officially  prepared  in  the  Regents'  office,  and  pub- 
lished under  the  direction  of  Mr.  James  Russell  Parsons,  jr.  Besides  their 
special  purpose,  they  will  be  found  admirable  for  use  in  classes. 

5.  Outlines  of  English  Literature.    By  BLANCHE  R.  DANIELS.    Cloth,  IGino, 
pp.  50,  interleaved  for  notes.    50  cts. 

This  has  been  prepared  especially  for  Regents'  classes,  and  follows  the 
Syllabus  closely.  It  contains  ltd  par  traits,  with  sketches,  critical  notes,  etc., 
and  while  invaluable  for  its  special  purpose,  will  also  be  found  of  great 
utility  in  all  literature  classes. 

6.  Review  Problems  in  Arithmetic  for  Schools  under  the  supervision  of 
the  Regents.  By  Mrs.  JENNIE  B.  PBENTICE.  Paper,  16mo,  pp.  93.  20  cts.  Key, 
25  cts. 

7.  Review  Questions  in  Geography  for  Schools  under  the  supervision  of 
the  Regents.    By  Mrs.  JENNIE  B.  PBENTICE.    Paper,  I6mo,  pp.  48.    15  cts. 

These  books  have  been  prepared  to  supplement  the  published  books  of 
Regents'  Questions,  and  afford  an  admirable  drill  in  these  subjects.  Not  a 
single  problem  in  the  first  can  be  found  in  any  published  arithmetic,  and 
very  few  questions  in  geography  have  ever  been  asked  by  the  Regents  that 
are  not  to  oe  found  in  the  second. 

8.  Elementary  English.    Prepared  with  reference  to  the  Regents'  Ex- 
aminations in  the  State  of  New  York.    By  JOHN  D.  WILSON.    Leatherette, 
16mo,  pp.  50.    86  cts. 

This  contains  among  other  things  all  the  work  in  Etymology  required  by 
the  last  Regents'  Syllabus. 

9.  A  Vocabulary  of  Caesar's  Gallic  War,  Book  II.    By  GEORGE  M.  SMTH. 
Cloth,  16mo,  pp.  69.    50  cts. 

10.  Conspiracy  Of  the  Helvetians.    Five  chapters  of  Caesar's  Gallic  War. 
For  use  in  First- Year  Latin  Classes,  especially  in  Regents'  Schools.    Con- 
taining Special  Vocabulary,  Exercises  in  Latin  Composition,  Idioms,  and  Ir- 
regular Comparisons,  with  Suggestions  for  Study.  By  a  High  School  Teacher. 
Paper,  16mo,  pp.  20.    10  cts. 

C.  W.  BAJBDEEN,  Publisher,  Syracuse,  N.  Y. 


-THE  SCHOOL  BULLETIN  PUBLICATIONS- 


Helps  in  Regents  Examinations 

1.  The  Regents  Examination  'Record.     The  present  edition   of   this 
Record  covers  the  course  of  study  adopted  for  the  five  years  1900-1905.    It 
has  received  the  approval  of  the  Regents  office,  and  blanks  are  left  to  pro- 
Vide  for  possible  changes  after  the  year  1905.    This  Record  is  well-known 
in  Regents  schools  as  an  indispensable  time-saver.    It  contains  an  alpha- 
betical index,  a  classified  record  of  certificates  and  diplomas,  and  individual 
records  for  432  pupils,  with  dates  of  all  credits,  pass-cards,  certificates,  and 
diplomas.    It  is  substantially  bound  in  half  leather.    Price  $3.00.    For  the 
larger  schools,  a  double  size,  for  864  pupils,  is  bound  in  canvass.    Price  $6.00. 

2.  Regents  Individual   Card  Records.    These  give  the  same  individual 
record  as  above,  but  are  printed  separately  on  cardboard.     Price  $1.50  a 
hundred. 

3.  Regents  Examination  Paper.    This  is  prepared  from  forms  furnished 
by  the  Regents  office,  and  is  of  a  weight  and  quality  of  paper  chosen  there 
as  best  fitted  for  the  purpose.    It  is  used  by  the  Regents  themselves  in  ex- 
aminations conducted  by  them.    The  paper  is  printed  in  four  forms,  viz.: 
Whole  sheets,  Half-sheets,  Spelling  in  half-sheets,  and  Book-Keeping  in 
whole  sheets.    We  suggest  for  most  schools  the  following  proportion: 

Whole  sheets,  350,  equal  to  half -sheets 700 

Half-sheets 100 

Spelling 100 

Book-keeping,  50,  equal  to  half-sheets 100 

1,000 

We  will  however  fill  orders  in  any  proportion  desired.  The  price  is 
$2.00  per  1,000  half-sheets.  It  is  done  up  on  two  sides  in  heavy  tar-board, 
making  a  light  and  safe  express  package.  The  same  boards  are  to  be  used 
in  sending  the  students'  papers  to  the  Regents. 

It  does  not  pay  to  use  cheap  examination  paper.  Sup't  J.  Irving  Gorton 
of  Sing  Sing  wrote  us  May  28,  1900:  "  Please  send  me  one  ream  best  Regents 
paper  and  one  ream  best  Drawing  paper, — the  best  you  have,  as  we  do  not 
want  to  bother  OUR  PUPILS  with  poor  material.  WE  HAVE  TRIED  TWICE 

ELSEWHERE,  AND  THE  PAPER  WAS  NOT  GOOD  ENOUGH." 

4.  Regents  Drawing  Paper.    The  demand  for  a  paper  that  would  answer 
all  the  requirements  for  the  examination  in  drawing  led  us  to  prepare  a 
special  paper  of  the  size  and  quality  approved  by  the  Regents.    This  is  uni- 
form in  size  with  the  other  paper,  but  is  not  included  in  the  assortment  put 
up  in  packages.    It  costs  $2. 40  per  ream,  or  50  cts.  per  100 sheets,  is  of  excep- 
tional quality,  and  is  usually  considered  indispensable  where  the  drawing 
examination  is  to  be  taken. 

This  paper  is  of  the  best  quality  and  we  recommend  it  first;  but  for  those 
who  can  not  afford  it  and  want  a  cheaper  paper  we  furnish  a  grade  at  $1.50 
per  ream,  40  cts.  per  100  sheets,  that  is  the  best  such  money  can  buy. 


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